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07/28/1993 _annp I.. l\olbage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 M~MQBAH.Q!lM FROM: Larry Keys, Morrison-Knudsen/Gerrits Ruth Ann Jantzen, Deputy Clerk ~~, September 16, 1993 TO: DATE: On July 28, 1993, the Board of County Commissioners approved the execution of Contract KJ-31 with Thomas W. Ruff & Company for furniture for the new detention facility. Attached hereto is a duplicate original of the subject Agreement, now fully executed and sealed by all parties, which should be sent to your contractor. If you have any questions on the above, please contact me. cc: County Attorney County Administrator w/o document "-... Finance Director "'" File Thomas W. Ruff & Company New Detention Facility CONTRACT KJ-031, FURNITURE I. II. III. A. B. C. D. E. F. Form of Agreement Public Construction Bond Certificate of Insurance Table of Contents Scope of Work - Bid Package 46A Milestone Schedule A. Proposal Form, Pages OOllO-A-2 through 0011O-A-7, signed by bidder, and dated July 12, 1993 A. B. e. D. E. F. G. H. General Conditions Supplementary Conditions Project Safety & Health Plan Contractor Quality Control Plan Contractor's Affidavit of Payment of Debts Contractor's Affidavit of Release of Liens Cons,ent of Surety to Final Payment General Requirements Apphcation for Payment Change Order Procedures Projects Meetings Submittals Progress Schedules Schedule of Values Daily Construction Repon Document Clarification Requests Testing Laboratory Services Temporary Controls Project Identification and Signs Field Offices and Sheds Construction Cleaning Material and Equipment Post-Bid Substitutions Starting of Systems Systems Demonstrations Contract Closeout Final Cleaning Project Record Documents Operation and Maintenance Data 'Il -r ~ I...:) :z xr_ ....."" C;..: (/) ,.,., Li - 0- z U , W "'1 ~- N '"'T; THE AJ\~ERICAN INSTITUTE OF ARCHITECTS AlA Document A101/CM CONSTRUCTION MANAGEMENT EDITION Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STlPULA TED SUM 1980 EDITION THIS DOCU.\IE'T HAS 1\IPORT A.'T LEGAL CONSEQUENCES; CONSULT AT/ON WITH . AN ATTORNEY IS ENCOURAGED. This document is intended to be used in conjunction with AlA Documents A201/CM, 1980; B141/CM, 1980; and B801, 1980. AGREEMENT No. KJ-031. Furniture made as of the d- ~+h. . day of Hundred and ~i~-t\/-+hr.e e- ( 1003). :Jv--Iy In the year of Nineteen BETWEEN the Owner: Monroe County Board of C,)unty COll111issioners 500 Whitehead Street Key West, FL 33040 the Project: Thomas W. Ruff & Company 1160 NW 163 Drive Maimi. FL 33169 305/625-6600 New Detention Facility 5501 College Road. Stock Island Key West, Fl 33040 and the Contractor: the Construction Manager: Morrison Knudsen/Gerrits the Architect: Hansen Lind Meyer/Gonzalez The Owner and the Contractor agree as set forth below. Cop)right 1975. ~ 1980 by The Amt'lIcan Institute of Architects, 1735 Sew )'ork A\enue. S\V" Washington. DC 20006 Rl" production of lhe materi..1 herein or substantial quotation of its provisions without written permission of the AlA \iolales the copyright laws 01 the Uniled Stales and will be sublectto lesal prosecution. AlA OOCUME"T A1I1C-" . OWNER-CO" a"CTOR AGREEME'T . CONSTRl'CTIO' ,'-'ANACEMl,r lOITlO"l . JUNE 1'J80 lOITlO'" . .'11.'1- . ~19aO · THE ^",IERIC....' INSTITUTE Of ARCHITECTS, 173S NEW VOlJo- AVE" ","W., WASHINGTON. O,C. ~ A101/C'\\ - 1980 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract uocumen:, canSi" :1',; -\;;re<:ment, ,he Condltlono oi the Cont'act Gene~cil. SGpp:ementar\ J;-:'~; other Conditions1, the D'J\\lng' '''e Specifications :\i! Addenda i<sued p~lor to and ail Modlflcat,(.ns issued aite~ execution of this Agreement. Tr.e,e form the Contract, and all are as fully a part of the Contract as if attached to thl' Agreement or repeated herein. A:1 enumeration of the Contract Documents appears in Article 7. ARTICLE 2 THE WORK The Contractor shall perform all :~e Work required by the Contract Documents for (H~r~ ins~rllh~ caption descripti\'e of the \\ :'k as used on orher Coneract Documents) Bid Package 46A. Furniture ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced on the date as establ ished in the Notice to Proceed. and, subject to authorized adjustments, Substantial Completion of the Work shall be achieved not later than the time (H~r~ insert an)' sp~cjJI provisions for liqUlc:a~~ damag~s r~fatins to lailur~ to complete on time) indicated in Section 00350, Milestone Schedule. AlA DOCUMENT Al01/CM . OW'fR-CO'7l1\CTOR ACRH.\\fNT . CO,",STRUCT10' MANACfMf'T EDITION . IU~f 1980 ED ~.O~ . AlA- .:5;1980 . THE AMERICA' I'STITl!TE 01 ARCHITEClS, 1~lS 'EW "0.... WE., ... \\ , "ASHI...CTO.... 0 C. 2()()(), Al01/CM -1980 2 WARNING: Unllcerwed pho~og violates US, eopyrlqht '- IW'd ~ suOjecl to legal pt"ONCUtIon, ARTiClE 4 CONTRACT SUM The Owner shall pay the Contractor In current runds ror the performance of the Work, subject to additions and deductions by Change Order as provided in the Contract Documents, the Contract Sum of Three Hundred Three Thousand One Hundred Twenty Three and One Cent...................... $303,123.01 The Contract Sum is determined as follows: (Stale here Ihe base bid or other lump sum amount. accepled alrernales and unit prices. as applicable.! Base Bid, Bid Package No. 46A. Furniture................................................ $303,123.01 ARTICLE 5 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Construction Manager by the Contractor and Project Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided in the Contract Documents for the period ending the day of each month as follows; Not later than Thirty (30) days following the end of the period covered by the Application for Payment, Ni nety percent ( 90 %) of the portion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and Ninety percent ( 90 %) of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing. for the period covered by the Application for Payment, less the aggregate of previous payments made by the Owner; and upon Substantial Completion of the Work, a sum sufficient to increase the total payments to One Hundred percent (100 'Yo) of the Contract Sum, less such amounts as the Architect shall determine for all incomplete Work and unsettled claims as provided in the Contract Documents. (If nor covered elsewhere in the Contract Documents, here insert any provision for limiring or reducing Ihe amounl relained afler the Work reaches a certain stage of completion,) f'a 1 men trd tle-and"Unpa;e. tltffief~€t>nt~aet-E>()cumef'l'b .,haH-belll"1n ~ ~ 1 ~ the -d-ate- payment- is- dm.- a t" 't he-r.rte et'l'tered ~ ew, -e I"1ft -tfle-ltb~fe'-tiotefee~,-a+ the ~ eglll- .,lt~ f)feVltM iog- 'tM -+he-,>>lI'ee" -o{- tM--f1rojeet. 4Jolet..w..& ""l'" "",,"..s..u.~Io.,,~.J fUsury I_s and rNluirements under Ihe FedNal Truth in lending Act. simiiar ,rale and local (o",umer "edil laws and other regulalions al rhe OWl'e" and C_aclor's principal places of bus,"e". the location 0; the Projecl and e/'"",h..re ma~ at1ecI Ih.. \at,<1,I. 01 rh,; prOVIsion, SpecifIC I,'gat ad"", ,hould be ~Md with respect to deletion. mod.lrcalion or olher rNluiremenrs such as wrrllen dIsclosures 01 waIvers.) AlA DOCUMENT A1Il/eM . O\\"ER.CO-'TR\CTOR AGREEMENr . CO,"SrRUCTlO'-l MANAG{MENT EDITION. JUNE 1911lO EDITION' AlA- . (S)1980 . THE AMERIC\'-I 1~T1TUTf. Of ARCHITECTS. 173S NEW YOIl( AVE,. N.W. WASHI'..CrO..., II C .'UXJb Al01/CM -1980 3 \MAD.."""'. Il~ nhnlncolWlno vlolales u.s, c09'fri9ht 1_ Itld" "-Ibject \0 legaI~, ARTICLE 6 FINAL PAYMENT Final pa\mer:: comtitut'ng the e~::re unoaid bJ.iance of the Contract Sum ,hall be paid bv :he 0\\ ~," to the Contractor vvnen the Work-has been completed, the Contract fully performed, and the Architect ha- I"ueo a Project Certificate for Payment which approves the final pay ment due the Contractor, ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed in Article 1 and, except for Modifications issued after execution of this Agreement. are enumerated as follows: Ib,t be/ow the ~gre"ment, the Conditio", 0; the Contract (General. Supplement"" "nd ocher Cond,c.on<j, che Drawings, the Specification<, and In)' Addenda and accepted a/rernales. showing page or sheet numbers in a/l case, and dates where applicable.) I. Bidding Documents A. As enumerated in the attached Table of Contents, pages 00001-1 through 00001-2 dated 5/25/93, as amended by the addendum listed below. B. Addendum No.1, dated 7/8/93. II. Proposal Documents submitted by Thomas W. Ruff & Company on July 14, 1993. A. Proposal Form, pages 00110-A-2 through 00110-A-7, signed by bidder and dated 7/12/93. B. 5% Bid Bond. AlA DOCUMENT "llt/CM . OWNER.CONTRACTOR AGREEMENT. CONSTRUCTION MANAGEMENT EDITION . IUNE 1'18l1 EDITION . AlAe . ~19llO . THE A.'-\ERICAN INSTITUTE Of AItOiITECTS. 17JS NEW yon ..t,VE, N W ,WASHINGTO' DC ~ WARNING: Unkeneed photocopyIng YIollItes us. eOflYrl9ht laws sod.. subject to legal proMC1J\k)n, Al01/CM -1980 4 7.3 Temporary facilities and services: (He~e insert lempc).'Jrv facditles and services '.\-~ich J.'e d,>7erent from or in add.'t;on to rho~e ,r,.>...ded elsewhere In the Contract Documents-) Reference ~he documents issued f~r bidding. 7.4 Working Conditions: CHore list any special condirions affecting the Contract.) Reference the documents issued for bidding. (Sea 1 ) Attest: Danny L. Kolhage. Clerk of the Court "Approved as to Form and Legal Sufficiency" Date: o7-~Si-q" By, &~. Attorney~s ice ( 7"2-93 Date: ? By: 16.ctQ~,^~~ OAl'. (Depu Clerke - This Agreement entered into as of the day and year first written above. CONTRACTOR M~D" J ~h&Jrm4-n _ I Thomas W. Ruff & Company ~ B~J~ --- Its: 1/ '? S~ec ~/9.J rJ!J CAUTION: You should sign an original AlA document which has this caution printed In red. An original assures that changes will not be obscured as may occur when documents are reproduced. "'" DOCUMENT "101lCM . OW~ER-CO"'TRACTOR "CREl'M...T . CO""STRl'CTIO'" M......^GE~\E...T EOHIO"" . Il"E 1?80 EOlT!O'" . ",,,- . (c':"8(\ . THE "'MERI,'" ,...STlTUTE Of ,..RCHHECTS, 1735 :'-IE\\' 'OR'" WE, ....W, ""SHI...CTO';, oc..:0cc6 Al0I.C\.\-1980 5 WARNING: UnIlc:enMd ~ v\<MatH US. eopyrlghll__ and ~ subIect 10 legal proHCUtlon. ~G 24'93 1121:35 AT&T FAX 91Ze0FX P '? . , \...-.. I' I Public Construction Bond BY . TR~S BOND, We . ~~ W Rnff R. r~ny " ~~s Prl.nc:\.pal and ContlI~ntal C'Rsualtv C'.cDDanY ., a corporation, as surety, are bound to ~oe C..ot.mty lharo eX ChnQr n-mm~CTR5 t herein called owner, in the sum of $ 303.123.01 for payment of which we bind ourselves, or heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if principal: 1. , .' '--,-' 2. Performs the contract dated Julv 28 , 19 93 ,between Principal and Owner for construction of ~ly and installation pf fllrnit]lre , the contract being made a part of this bond by referepce, at,the times and in the manner prescribed in the contract: and' Promptly makes payment to all claimants, as defined in section 255.05(1), Florida Statutes, supplying Prin~pal with labor, materials, or supplies, used directly or indirectly by principal in the prosecution of the work provided for in the contract and; Pays owner all losses~ damages, including damages for delay, expenses, costs, and attorney1s fees, including appellate proceed~ngs, that Owner sustains because of a default by Principal under the contracti and 3. 4. . It. . . Per~orms the guarantee of all work ahd mater~als furn~shed under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the contract documents and compliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. DATE ON I ~ ql . zd..~?~ MAS W: RUFF & COMPANY PRINCIPAL) (N BY Drane, Jr. Continental Casualty C'~ny (NAME OF SURETY) 05/18/92 SUPPLEMENTARY GENERAL CONDITIONS 00800-17 '. I Continental Casualty Company -C'NA Fur A II I h.. ('um III il IlM'nl, "un M"k," AN ILLINOIS CORPORATION POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men by these Presents. That CONTINENTAL CASUALTY COMPANY. a corporation duly organized and existing under the laws of the State of Illinois. and having its principal office in the City of Chicago. and State of illinOIS. does hereby make. constitute and appoint Frank C. Drane. Jr.. Individually of Orl ando, Flori da Its true and lawful Attorney-in-fact with full power and authority hereby conferred to sign, seal and execute in its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney. pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By, Law duly adopted by the Board of Directors of the Company. "Article IX-Execution of Documents Section 3. Appointment of Attorney-in.fact. The President or a Vice President may, from time to time, appoint by writtencertificates attorneys-in.fact to act in behalf of the Company in the excecution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in.fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attorney-in.fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 3rd day of April. 1957. "Resolved, that the signature of the President or Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By.Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signatures and seal shall be valid and binding on the Company, Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and bindino on the Company." In Witness Whereof, CONTINENTAL CASUA~TY COMPANY has caused th~lelpresents to be signed by its8'l!ce President and its corporate seal to be hereto affixed on this 9th day of U y . 19_ CONTINENTAL CASUALTY COMPANY State of Illinois I County of Cook ( 55 ~~l J. E. Purtell Vice President. On this 29th day of July , 19~, before me personally came J. E. Purtell, to me known, who, being by me duly sworn, did depose and say: th~t he resides inthe Village of Glenview" State of Illinois; that he is a Vice. PreSident of CONTINENTAL CASUALTY COMPANY, the corporation descnbed In and which executed the above Instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. otary Public, Novem er 12, 1990 CERTIFICATE I, Robert E. Ayo, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that Section 3 of Article IX of the By-Laws of the Company and the Resolution of the Board of Directors, set forth in said Power of Attorne2lfh still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said Company this day of t , 19~. Form 1-23142-B INV. NO. G-57443-B CERTIFICATE OF INSUR".\NCE MONROE COUNTY In GOlUiidcr;lllon of tile premium:; cl1ar.:ed ell Ih.: IIlSur:mc.: 1>Ol;cics ,hQ.....n ,;: l:l~ ..:r.lfi,..l'.:. I:U)C.::-llfic:lIC IS i~u~,l (0) Ih..: C,,:.1.t.Clllo; hOluI:c !110,.1\ l>clow, ThiS ccnirlC:llC Uo}CS nOl amend CClend or aacr Inc: COVCr:l"c ilC(occ:c:d bv (l,"' ',o)hd~ h~I.;,l ,..::O\v C'Cl:t't ", ':I.)WI, ".::IOW . . - , If "'~ME '" ,~Dl\DS CI' IN$UaED: I COMI','....ill:i ,\H'O:(Oll'O(.i C.O\'EJV,C,rs Thomas W. Ruff & Co. of F10r ida, Inc. 1160 NW 163rd. Dr. ';""'l-..-t...".rn Na t ionw id e Mu tua1 Insura ( Miami, F10r ida 33169 c~ 1....,...0 "~M.N.GEMENT ! C) s:1l"f ~L)C I Mo.'4!: .t. AOOlU!SS Of' AuE.-<<:Y. C4)ta\t",,"" "'C\(,Y~ ~ Ficke11 Insurance Agency Nationwide Insurance ~I.C~TE -~/ ;').'J /cf? 1857 NW Blvd. X / -- Co 1 urn bus, Ohio- 43212 ~l..:.~~ ",. / YES 1 1 1'1ai. " t.o u.:-.J)o UUL ~.bc ~ 90MfU .. bc~ 1I1WC 4JC'9ft tMWal to Ihe flu....e4.IM ;..:4" CI\(I.\ft"" .lot. .:\1.. 11:1\4. " .. .....,,'\:J \;I~t I"!OCif' ~.( Inc.t ~~ .,~ ~ UD\;lt)e~ at" l.'u:.Ilt.C.; ..."".,..., pry.........,,; toO \i..~1t ....;ucc no<_ u(.1><I> <al\CcC:aIoofl 0( ~c I:. clw! rM\olicac.o -.let. '-i'\ ~.l.>y. ,;,r \\i".'~.' c.....i^....~....... COl.'l'll. n'l'li CW I""'URA."CA I'OUC'! " ~1'!'r.c;I\'E o.\'r.~ EXMM110N OAtt AU. UMrrs IN 'l"rIOL:S.\I(OS I A 15L1?7001 , ~ l..1.....y Q r::: pJ] 0 r::: 0 01 -nl-Q'<; 01 -01 -Qd (;llotICQI ,'....~ I ~2 000 0 ( I) ! I ~ C,,1IlOlWCl:d Gcftuol t.iaIIilIIy I l':~v,.. A~c".,; I ~ I ., o Cl.ia M.Idt GC.:x..",",~ i 1 ! , lC 0wcIc>-', '" ~ hol_ I I ~.,'h",;.6,,~ i\r.i.\eor..1tf'tC i"J~' ) o x.c.\i.~ I :"'1> (J,;cucr-. ! ~ I -t:l BcoM F_~ O--c r.... ;;~f.~,W\..t......; i ~ ! I I , ~ XI 1......._ c--. \"""-,,..~ 41 .plll_~ . I."" _ pot'I<<l, j I '\ ~~ 8 5BA95 0 8427001 I 01-01-93 01-01-94 lJoutIor 1ft"'" I , , II ,0 "ft1 ^",O I ! ft.:"t"nt"f'T"'MI S , o AIl_JA_ tl.;.",1I '~C"^"ftI1 ~ I IJ 5d~ A...... I'rt,.k."n~ J~~' ~ I I I !).It.Mft' :r..JIJ1~ i.......: 1'r(\I~,1r ~,OOO,O( ;1 -i~"c4 A- I. I I ~ ! o...IIU.~ (,..~......, I I 2f1X'l:.....o.-d "- I I I I e-... L.i;o..... I , 101-01-93 , ~,OOO,O~p A C)<<IlIlCIft.... F_ 85CU950!8700004 ! 01-01-94 o.~k' i.r.tu.. ~ :,"" l'l't'I".'I~ I o Chhcr U.M IJ~"" Neill , :.:>......"" t:.Nnbo""u ! o c.... :...... I j II o Coxwr_ I ! . I! W"'ltcn' Gl.poIftU4..... al\d \\ '''''CO::' :...\~....'\. "kl'1 ~'I\V'.tl1" A "E~,..~ 85PR95 8427001 I 01 - 01 - 93 01-01-94 ~5 0 0 , 0 0 0 I I I L'I)I"~',,"a: L,....t.l'..' ! OInc. - - ~ I I . I .' I - - - c,_".. t.t~ "ow.\C)'. ~aruo Ca.......~ (k,.11~.~ C~n'''' <,"~"s.:.n.:n. .n.J M,),V'I",""'~....t.....:~ ~",'I.". ."" f\~ftI,\I "" '~;~k1l'\:I' ~lhUh."':" "'.14' r.:.~u I" t.... \,1C'tW..;:.& :.' ..~~~.. \'..~i~~. . ..~ly. ~1,..".,U"':n.,I ~ I ~~:y .,~t: ~..~,~ :...;.'~ p~.... ----- /J ./ tI_ ..... "''''''eN ~ .10. <=a..:::-c H_r. I O_i........ AUQust 24. 1993 / L //.1 /I ~ ,,/Ai :'lonroc ~U"ly "...t_...,Jr...M.....,....,: John C. Ficke11 ( //// / Ell (~ 1./~7~V.? II ekJ Morri$OI1-Knucts':lIlGl.lcrils I ,ww..,o:' ---rg 5 7 NW Blvd. V2~..tLOI??,<;(J!319K ~.;' 50S'O CoII~,c R03<1 KC)' We4I, Flond; JJOolO Co 1 um bu s, 0 h i 0 43212 v . T ,...,...-.,: 614-486-2944 I -- i~ A.~.III.. .....CER....IJ=ICA. ~-' ....,. ..-...................".-.......-----.----- ..,.... OF:"I~StJaANCE ISSUE DATE (MMIOOIYY) PRODUCER 8 24 93 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. FRANK DRANE INS AGCY 845 N GARLAND AV #201 ORLANDO FL 32801 COMPANIES AFFORDING COVERAGE fg4~~Y A APPROVED BY RISI< MANAGEMFNT BY . 0 qfil.TW/ DATE ...............j.?ly..!/~i....... . . WA1VER: ....N/A~YES.. FCC I FUND INSURED fm~~Y B THOMAS W RUFF & CO OF FLORIDA INC 911 S ORLANDO AVENUE MAITLAND FL 32751 fm~~Y C f~~Y D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDmONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POUCY NUMBER POUCY EFFEcnYE POUCY EXPIRAnON DATE (MMIDDIYV) DATE (MMIDOIYY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR. GENERAL AGGREGATE $ PRODUCTS.cOMPIOP AGG. $ PERSONAL & ADV. INJURY $ EACH OCCURRENCE $ _fire) $ $ OWNER'S & CONTRACTOR'S PROTo AUTOMOBll..E UABIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE UABILITY COMBINED SINGLE LIMIT $ BODILY INJURY (/><< person) $ BODILY INJURY (Per KCiderll) $ PROPERTY DAMAGE $ EXCESS UABL/TY UMBREU.A FORM OTHER THAN UMBREU.A FORM EACH OCCURRENCE AGGREGATE WORKER'S COMPENSAnON AND 11802 1/01/9312/31/93 STATUTORY UMITS EACH ACCIDENT DISEASE-POLICY UMIT DISEASE-EACH EMPLOYEE EMPLOYERS' UABIJTY OntER DESCRIPTION OF OPERAnONSILOCAnONSNEHlCLESlSPECIAL ITEMS MONROE COUNTY C/O MORRISON-KNUDSEN/GERRITS 5090 COLLEGE RD KEY WEST FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCElleD BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY Will ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHAll IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE CO ANY, ITS AGENTS REPRESENTATIVES. FRANK C DRANE AUTHORIZED REPRESENTAnVE TABLE OF CONTENTS BID PACKAGE 46 FURNITURE, FIXTURES , EQUIPMENT 1. Bidding Documents Section 00030 Section 00100 section 00110-A section 00110-B Section 00110-C Section 00163 section 00346-A section 00346-B Section 00346-C Section 00350 2. Contract Agreement section 00500 3. Contract Conditions section 00750 section 00800 section 00805 section 00900 section 00905 section 00910 section 00970 section 00980 4. General Requirements section 01027 section 01028 section 01200 Notice of calling for Bids Instructions to Bidders Furniture Proposal Form Medical/Dental Equipment Proposal Form Building Maintenance Equipment Proposal Form Pre-Bid Substitutions Furniture Scope of Work Medical/Dental Equipment Scope of Work Building Maintenance Equipment Scope of Work Milestone Schedule standard Form of Agreement Between Owner and Contractor - AlA Document A101/CM, June 1980 edition General Conditions, AlA Document A201/CM, June 1980 edition Supplementary General Conditions Substantial Completion and Owner Acceptance Contractor's Affidavit of Payment of Debts and Claims Contractor's Affidavit of Release of Liens Consent of Surety to Final Payment - AlA Document G707, April 1970 edition Project safety and Health Plan Contractor Quality Control Plan Application for Payment Change Order Procedures Project Meetings OS/25/93 00001 - 1 TABLE OF CONTENTS section 01301 Section 01310 section 01370 section 01385 section 01395 section 01520 Section 01580 section 01590 Section 01595 Section 01600 section 01630 Section 01650 Section 01670 section 01700 section 01710 section 01720 section 01730 submittals Progress Schedules Schedule of Values Daily construction Reports Document Clarification Requests construction Aids Project Identification and signs Field Offices and Sheds Construction Cleaning Material and Equipment Post-Bid Substitutions starting of Systems systems Demonstrations contract Closeout Final Cleaning Project Record Documents Operation and Maintenance Data 5. Technical Specifications Vertical Blinds Furniture Furniture Data Sheets (Pages 1-75) Medical/Dental Equipment Data Sheets (Pages 100-130) Building Maintenace Equipment Data Sheets (Pages 200-212) sectJpn 12501 seCfIon. 12600 6. Drawings 4.13 4.42 2/7/92 12/20/91 8/18/92 6/5/92 6/5/92 6/5/92 6/5/92 6/5/92 11/11/91 1/9/92 1/9/92 1/9/92 10/15/91 6/1/93 6/1/93 6/1/93 6/1/93 4.53 4.54 4.55 4.56 4.57 4.59 4.61 4.73 4.74 4..76 4.77 14.01 14.02 14.03 14.04 Exterior Building plan Second Floor Zone A Metal Door & Window Frame Elevations & Details, Door Schedule Interior Building Plan First Floor Zone A Interior Building Plan First Floor Zone B Interior Building Plan First Floor Zone C Interior Building Plan First Floor Zone 0 Housinc Interior Building.planFirstFloorZoI1e E Housing Interior Building<pnm second Floor Zone A Interior Building Plan Second Floor Zone C Door schedule Door Schedule H.M. Elevations Door and Window Details and Buck Types Furnishings/Finish Plan First Floor Zone A Furnishings/Finish Plan First Floor Zone B Furnishings/Finish Plan First Floor Zone C Furnishings/Finish Plan First Floor Zone ' Housing OS/25/93 TABLE Of CONTENTS 07/08/92 ADC:::~lDUH NO.1 00001 - 2 14.05 6/1/93 Furnishings/Finish Plan First Floor Zone E Housing 14.06 Not Used 14.07 6/1/93 Furnishings/Finish Plan Second Floor Zone A 14.08 6/1/93 Furnishings/Finish Plan Second Floor Zone B 14.09 6/1/93 Furnishings/Finish Plan Second Floor Zone C 14.10 6/1/93 Furnishings/Finish Plan Mezzanine Zone D Housing 14.11 6/1/93 Furnishings/Finish Plan Mezzanine Zone E Housing OS/25/93 TABLE OF CONTENTS 07/08/93 ADDENDUM NO. 1 00001 - 3 SECTION 00346 - A SCOPE OF ~.;ORK Bid Package No. 46A Furniture 1.1 General Scope Provide all labor, supervision, engineering, materials, supplies, equipment, tools, transportation, surveying, layout and protection for the proper installation and completion of the furniture. The work shall include but not be limited to the supply and installation of all bookcases, chaIrs, stools, desks, credenza's, file cabinets, lecterns, planters, shelving, racks, storage cabinets, tables, benches a-l*i work stations and blinds as detailed in Technical Specification Section 12501 and Section 12600 with the enclosed data sheets (Pages 1 through 75) and also shown on Contract Furnishing Drawings 14.01 through 14.11 and Contract Drawings 4.13, 4.42, 4.53, 4.54, 4.55, 4.56, 4.47, 4.59, 4.61, 4.73, 4.74, 4.76, 4.77 1.2 Special provisions The following Special Provisions are intended to clarify the scope of work, or highlight features of the work, or modify, change, add to, or delete from the General Scope of this Bid Package. .1 All licenses required in order to perform the scope of work in the specified location, shall be procured and maintained by the contractor and h is subcontractors. Contractor sha 11 subni t copies to the Construction Manager. Contractor shall be responsible for applying for and procuring the construction permit as required by the City of Key West. .2 Provide, replace, and maintain any safety rails and barricades removed as necessary by this trade contractor during the process of work, or during deliveries of Gaterials or equipment. .3 Contractor is to review Division 1 General Requirements for additional responsibilities required in order to perform the work under this Bid Package. .4 Contractor shall perform all required testinq and provide adequate personnel in order to complete all testing to the requirements of governing agencies. .5 Coordination of the Work - This contractor shall be responsible to coordinate his Nork with other multiple prime contractors both in the scheduling of field 'v.'ork activities and in the OS/25/93 SCOPE OF WORK - 46A 7:8/93 Addendun NO.1 00346 - B-1 integration of individually furnished items into final composite installations. .6 All incoming ~aterial and equipment shall be coordinated w. other trades and the CM is to be notified, in order that proper lavdown. staq inq and stockinq areas are developed, prior tc release for shipping . Within the building, areas shall be restricted and stocking areas will be authorized in writing. . ; If in the event of conflicting, or overlapping requirements ir any area of the bidding documents, technical specifications, or drawings, the most strinqent condition shall be bid and constructed. Noti fy the eM in any event, in order to not compromise the Owner's right to make appropriate decisions. .8 This contractor 1S reminded of inmate accessible areas anc perimeters, and of the requirement for security devices, fasteners, connectors, sealants, and any other work associated with this bid package scope of work, in order that proper care and construction is performed in accordance with the standards and guidelines set forth by the regulatory agencies governin~ jails. .9 Contractor shall maintain As-Built drawinqs, per Section 01720), of his work progression. field work submittal, will be required. (Record Drawings A 50% progress of .10 This contractor shall not store materials inside buildir~. contractor shall prov ide suitable storage container, and responsible for disposal off-site of all debris and trash. .11 The contractor shall, prior to submission of a bid, inspect the proj ect and bu ild ing access, verify existing conditions and field measure dimensions in order to properly complete the work specified. 1.3 The data sheets for this section, pages 1 through 75, specif::" equipment to be included in this Scope of Work which may not be identified in specification Section 12600 (2.2)A or shown on thE contract Drawings. Also, the contract Drawings lists code numbers and descriptions for furniture which does not have a data sheet. These items without data sheets have been deleted and are not to be included in this Scope of Work. 1.4 The exterior windo.....' frames specified in Technical specificatior: Section 12501 to receive vertical blinds have aluminum frames, al~ interior frames are hollow metal. For the bl inds located on thE: second floor of Zone A, special coordination is required for the location of interior walls which do not intersect vertical mullions. OS/25/93 SCOPE OF ~ORK - ~6A ! '3 ''::3 .!l.dde:;:Jur: Nc. 1 003.:;6 - n D - 1.5 Alternate No.1: California Technical Bulletin 133 Code Compliar.=e. Provide as an alternate the additional cost to comply with Cal. :~~. 1. Flammabil i ty Test Procedure for Seating Furniture for Lse :;; High Risk and Public Occupancies. If approved seating and or upholstery fabrics cannot meet Cal. 133, substitutions for products or fabric shall be submitted. Co~ply with Division :ne for substitution requirements, noting In the descriptio;, ~~3t item is for Cal. 133 compliance. ************************* END OF SECTION 00346-A OS/25/93 SCOPE OF WORK - 46A ~ 3/93 ~ddendun No. 1 00346 - B SECTION 00350 MILESTONE SCHEDULE This section contains the project milestone schedule. The contractor is required to determine his proposed schedule to meet these milestone dates. The Contractor is to note the following special items. a. Pre-Bid Substitution Request Deadline. 06/24/93 07/14/93 07/29/93 08/06/93 11/01/93 b. Bid Due Date . c. Award Date (Anticipated) d. Notice to Proceed (Anticipated). e. Substantial Completion Date ********************** END OF SECTION 00350 OS/25/93 MILESTONE SCHEDULE 00350 - 1 SECTION 00110 - A PROPOSAL FORK BID TO: MONROE COUNTY BOARD OF COUNTY COHHISSIONERS c/o PURCHASING DEPARTHEHT PUBLI~ SERVICE BUILDING, ROOM 002 5100 COLLEGE ROAD, STOCK ISLAND KEY WEST, FLORIDA 33040 BID FROM: /(' ~A6 lV. lC.uf'r , GcMPA.v4 111,0 NeD. 1lt'~~12Il;~ ~,~i ,q:u:~.d;}A G~ I . The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: Bid Package 46A, Furniture, New Detention Facility, stock Island, Key West, Florida and having carefully examined the site where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, state, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman- like manner, in conformance with said Drawings, Specifications, and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he has personally inspected the actual location of where the Work is to be performed, together with the local sources of supply and that he understands the conditions under which the Work is to be performed. The successful bidder shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. OS/25/93 BID PROPOSAL - 46A GOlle - A - 2 The undersigned shall perform the Base Bid work in the Bid Package #46A, Furniture, for the lump sum price of -rrca; f.fv}v~ ~:et31+fta- (words) Total Base Bid $ SD~ / ,9..3! D I (f igure's) The undersigned shall perform the work in the Alternate NO.1, California Technical Bulletin 133 Code Compliance for the lump s~ price of dollars. (words) Total Alternate No. 1 Bid $ (figures) I acknowledge receipt of Addenda No.(s) . t~. () I have included pages 1 through 7 of the Bid Proposal which entails the Proposal Form , the required Bid Security , the Lobbying and Conflict of Interest Clause ,the Sworn Statement of Public Entity Crimes____, and the Non-Collusion Affidavit____. (Check mark items above. as a reminder that they are included.) Mailing Address: ,/f f-+( \L.lAS tA..:: {Qt( ~ ~ ~ - ^ --.. I "")...:'1..4 \. ..., \! l: C ~l,--- ! \[ -J - ...L*-,-O~ Date: ;.J :"(~, \. \ " . ~ I ~ "' 1 Q. ~ / I~ C'J .';-:':,l.U ~:.~(_.( l;r-.. ,=,-' - _ (3C~) (cd~-~~cc Signed: ~ : /~~ ~ ;J--- Phone Number: Witness: ~ i~~ ;" r+l-lL{i.5 (Name) l' f. -<"'Q.. <'- .L' ~ t \.!-t rK-~~ .'06.0 j ....::-~--b ~ .----.., (Tftle( , ! JLiLu" 0';( *d~ (Seal) OS/25/93 BID PROPOSAL - 46A 00110 - A - 3 SWORN STATEKENT PURSUANT TO SECTION 287.133(3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS Faut IIJST BE SIGlCED All) Sl.DUI TO II TIlE PRESUCE OF A NOTARY PUBlIC ot OTHER OFFICIAl AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to ~(O{'.) ((L~ UWL""iU r6::flI2.D Cr- Q[:u.1JTt.( (vrlJ.JJr;ss"Cf..ecS · (print name of the public entity) by \...'1 I\.l tJ ~. +{ p..4€:.S "'~ ~...6\ ~tp ^J\ ...~ u:..~ . (print individual's name and title) for ..-{"\41.,VJAf7 LL.I6A.~f ~ (LC(,L.lf>I~ fJ ~ (print name of entity submitting sworn statement) whose business address is u ~ D U. 11). I L,~ ~ ll_ll2...I . ,.,- U/~i I.{t.-C~\~A: 'D~ \ LA and (if applicable) its Federal E~\oyer Identification Nurber (FEIN) is ,3(C84Q7:S5' (If the entity has no FEIN, include the Social Security Nurber of the individual signing this sworn statement: .) 2. I l.nCierstand that a "JXblic entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, Eans a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any JXblic entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I lllderstand that "convicted" or "conviction" as defined in Paragraph 287.133(1Hb), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime: or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The tena"affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of hares constituting a control I ing interest in another person, or pool ing of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a publ i cent i ty crilDe in Florida duri ng the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legel power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a publ ic entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) Neither the entity submitting this sworn statement, nor any of its officers, directors, OS/25/93 BID PROPOSAL - 46A 00110 - A - 4 executives, partners, shareholders, etrployees, IleIICers, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, eqJloyees, IleIICerl, or agents who are active in the management of the entity, nor an affiliate of the entity has been charged with and convicted of a public entity ~rime sUDSequent to July 1, 1989. The entIty submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, etrployees, members, or agents who are active in the IlIIInagement of the entity, or an affiliate of the entity ha. been charged with and convicted of a IJ'blie entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the IJ'blic interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY ANO, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY T~ OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. ~r. ___ . nature) '\ ~~ ~ J )... day of / I . .../ .~z Sworn to and subscribed before me this Personally known /' , 19 crB. OR produced identification Notary Public. State of JU/z{~ ,/ j ,- My Conmission expires 1-/~'7(,- /, (Type of identification) (Printed, typed or stamped commissioned name of Notary Public) Q) tB.EN It T8OT808 . tit CXMiIlIl!D' CC ... EllPIIB . DIcIntIr I. ,. '. . IOIIIfD 11I'U1llO'r "'-'Ie. ~orm PUR 7068(Rev. 06/11/92) OS/25/93 BID PROPOSAL - 46A 00110 - A - 5 section 00110 - A Non-Collusion Affidavit I, .J-.Vk'U C ~A'1f.e'<:) of the city of \--t \AM~ according to law on my oath, and under penalty of perjury, depose and say that; ",'~ ~.b ~~Il)'(' ~A-l-f,,-::;;' ./ft+n MA? (J). fu'fr"'-l (bI\()..J...fAVl{ 1.) lam of the firm of the bidder making the Proposal for the project described in the notice for calling for bids for: and that executed the said proposal with full authority to do so; 2.) the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such process with any other bidder or with any competitor; 3.) unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder end will not be knowingly disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any coq>etitor; and 4.) no ett~t has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5.) the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. ~I" ~ _ ;ra/fJ ~ ~ure of Bi (Date) STATE OF: ~l.C~l ~ -:!>A t~ CClJNTY OF: PERSONALLY APPEARED BEFORE ME, the undersigned authority, after first being ~rn by me, (name of individual signing) above on this \oL~ day of .....\ul-L{. WfJ,.)U b,tfALl~~' who, affixed his/her signature in the space provided -- ,19~. , J"-'" . (~j/'"""' ' //'I/~. ~/ /1//) NOT ARY PUBLl C ) '-== My commission expires: tf1.w: ...~ 1If~~=fXMS . . ~3.1191 . tow. 1OIIQ'llftl TlIl/'t fMllCllWC(.lC. OS/25/93 BID PROPOSAL - 46A 00110 - A - 6 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE " /1!-k Ll--{ I<\~ ) , r ~~' ~ Ll' 16. uC" r '\ . tt-'AtLi... (COl1ll'lny) 11 warrants that he/it has not ~loyed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". - .---, ------------ -' -- .~ , <' / ~----- --- Date: ..?--' (Signature) }//~/~ 3 STATE OF ~(lZl'Lj f\ WJNTY OF YJ.\ oC ak~ '~u.-u I).., q cr ~ (date) (name 01 affiant). He/She is personally known to me as Identification. (type Subscribed and sworn to (or by l.-Y j\) U ~'-\AYi--:) or has produced of identification) affirmed) before me on NOTARY PUBLIC 4~ IIl.EN K. T801lI08 f.r;g J.: fl'( 0CUISSIlJl , CC 2442811 EXPHS ~ llialtIr 3, 1. ~;$ 1OII81lR11N7t FMlIIl5INNCE.IIC. MCP #4 Rev 2/92 OS/25/93 BID PROPOSAL - 46h 00110 - h - "7 I CNA INSURANCE COMPANIES BID BOND KNOW ALL MEN BY THESE PRESENTS: That we 'Ihanas W. Ruff & Carpany and Continental Casualty Carpany , Principal, Surety, are held and firmly bound unto r-bnroe County Board of County Camrissioners in the sum of 5% of bid , Obligee, Dollars ($ ****** 5%******* ) for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for supply and installation of furniture. NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. Signed, sealed and dated July 12, 1993 (Principal) by (Seal) by Fr aiL-: ~. Attorney-; .'i-Fact G-2;';;S4.C CNA For All the Commitment, lOll Make' Continental Casualty Company 'CNA f'..r All th<' I'..n"";tn"'III' \.... \bk.. AN ILLINOIS CORPORATION POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY.IN.FACT Know All Men by these Presents, That CONTINENTAL CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of illinois. and having Its princIpal office in the City of Chicago, and State of Illinois, does hereby make. constitute and appoint Frank C. Drane, Jr., Individually of Orlando, Florida Its true and lawful Attorney.in-fact with full power and authority hereby conferred to sign, seal and execute in Its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of CONTINENT Al CASUALTY COMPANY and all the acts of said Attorney. pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By.law duly adopted by ~he Boa.d of Directors Of the Company, "Article IX-Execution of Documents Section 3. Appointment of Attorney.in-fact. The President or a Vice President may, from time to time, apPoint by writtencertificates attorneys-in.fact to act in behalf of the Company in the excecution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys.in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attorney.in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 3rd day of April, 1957. "Resolved. that the signature of the President or Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signatures and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified bY, certificate so executed and sealed shall. with respect to any bond or undertaking to which it is attached, continue to be valid and b ndino on the Company," In Witness Whereof, CONTINENTAL CASUA2TY ROMPANY has caused thj;e presents to be signed by itss'1!ce President and ItS corporate seal to be hereto affixed on this 9t day of uly 19_ CONTINENTAL CASUALTY COMPANY State of Illinois I ss County of Cook { ~l J. E. Purtell Vice President. On this 29th day of ,July ", ,19~, before me pers,onally came J. E. Purtell, to me known, who. being by me duly sworn, did depose and say: that he resides Inthe Village of Glenvlew" State of IIhnOIS; that he IS a Vice.President of CONTINENTAL CASUALTY COMPANY, the corporation descnbed In and which executed the above Instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate sea!; that it was so affixed pursuant to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority. and acknowledges same to be the act and deed of said corporation, ( ~'- t.llt1?YJo: ~ Linda C, Dempsey / <,Notary Public. My Commission Expires November 12, 1990 CERTIFICATE I, Robert E. Ayo, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, do hereby certify that the Power of Attorney herein above set forth is still in force. and further certify that Section 3 of Article IX of the By-Laws of the Company and the Resolu1ion of the Board of Directors, set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said Company this 12th day of Jul , 19~, :ZGm~? :. Robert! Ayo Assistant Secretary ,,~ ~:~~, /~ .t . \ C! z c..a8 =-""1 t. I':: . I ~ \%~~ '~'- S[ Al ~l , , ~ Form 1.23142.8 INV. NO. G-57443-B THE AMERICAN INSTITUTE OF ARCHITECTS . AlA Document A201/CM CONSTRUCTION MANAGEMENT EDITION General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED. 1980 EDITION TABLE OF ARTICLES 1. CONTRACT DOCUMENTS 8. TIME 2. ADMINISTRATION OF THE CONTRACT 9. PAYMENTS AND COMPLETION 3. OWNER 10. PROTECTION OF PERSONS AND PROPERTY 4. CONTRACTOR 11. INSURANCE 5. SUBCONTRACTORS 12. CHANGES IN THE WORK 6. WORK BY OWNER OR BY SEPARATE CONTRACTORS 13. UNCOVERING AND CORRECTION OF WORK 7. MISCELLANEOUS PROVISIONS 14. TERMINATION OF THE CONTRACT 1M CAUTION: You should use an original AlA document which has this caution printed in red. ~ An original assures that changes will not be obscured as may occur when documents are reproduced. COPYright 1975, @ 1980, by The "'merican Institute 0; Architects, 1735 New York Avenue, ':',W., \\a,h,nRton D.C. 20006. ReproductIon of the material hereIn or substantial quotation of Its prOVISions without writlen permlss.on ot the 4..IA v,olates the COPYright laws of the L'.,ited Slates and will be subject to legal prosecution, ,tA DOCUMENT A201/CM . GENER'l CONDI110NS Of THE CO,"1RACT fOR CO,"STRiJCTION CONSTRUCTION MANAGEMENT WITIO" . IL'''E 1980 WITION . AlAe . @ 1980 . THE .'-MERICAN INSTITUTE Of ARCHITECTS, 1el; NEW YORK AVE.. N \\I.. WASHI"GTON. DC ~0006 A201/CM -1980 1 WARNING: Unlicensed photocopying Vlolates U,S. copynghtlaws and IS subtec1 to 1"91' prosecul'on, OS/25/93 GENERAL CONDITIONS 00750 - 1 Acceptance of Defective of Non.Conformlng Work. .6.2.2, 13.3 Acceptance of Work. , .,. .. . , .. , . . .. . ,9.5,5,9,8,1. 9,9.1,9.9.3 Access to Work. . . . . . , . . , , . , . ' , . . , . . . , . . ' , . , , . , .2,3.6. 6.2.1 Accident Prevenhon .. , . . . . . . , . . . . . . . . . . . . . , . . . . . . .2.3.5, 10 Acts and OmissIons., ,...'... " . .4,18,3, 7,4, 7.&,2. 8,3.1. 10.5 Addenda. Definlhon of ............................. ..1.1.1 Additional Costs. Claims for .,...........,....,....... .12.3 ADMINISTRATION Of THE CONTRACT ............. .2, 4.3.3 Agreement, Extent of ...............................1.1,1.2 All Risk Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11.3.1 Allowances .,...........,."".........,............. .4.8 Applications for Payment. Contractor's, .. . .. .2,3,8. 9.2.1, 9.3.1, 9.3,3.,9,5.3,9.7.1,9,8.2.9,9.1.9.9.3.9,9,5.11.3,1,14.2.2 Applications for Payment, ProJect.,......,....... .2.3,8,2.3.9,9,3.1.9.4,9.6,1,9.7.1 Approvals.. , ' , , ' . ' , . . . . , , . , , ' . .2,3,18. 3,4, 4,3.3, 4,5. 4,12.4, 4.12.5,4,12,6,4,12.8,4,13,2. 7,7.9.3.2 Arbitration...,.,. .2,3.15.2,3.23,6,2.5.7,9,8.3.1.11.3.7,11.3.3 Architect. Defmitlon of . . ,. . . . . . . . , . ...... ...... , .. .. .. .2.1 Architect, Extent 01 AuthorIty....,., ,2,3,3.4,4.12,8, 5,2, 7.7.2. 8.1.3,8.14,8.3.1,9,2,9,3,1,9,4,9,5.3,9,6.9,8.9,9,1,9,9.3, 12,1.1.12,1,4.12,3.1.12.4,1,13,1,132,1,13.2.5,14,2 ArchItect, Limitations of Authority and Responsibility.... ,2.3.2 through 2.3.5, 2313 through 2,3.18, 2,3,22. 4,12,6, 5,2.1,9.4.2,9.5,4,9,5.5,12,4 Archilect's Additional ServIces. ' .3,4, 7.7,2, 13,2,1, 13.2.5,14,2.2 Architect's Approvals, .. ., .2,3.18, 3.4. 4,S. 4,12,6, 4,12.8. 4.18,3 Architect's Authority to Re,ect Work... .2,3,16. 4,5.13.1.2,13.2 Architect's Copyright, . , ' , . . , . . . . . . , . , ' . . . . ' , , ' . . . . . . . . .1.3 Architect's Decisions,....,....... .2,3,10 through 2.3,16, 7.7,2, 7,9.1,9.2.9,4,9,6,2,9.8.1,12,1,4,12.3,1 Architect's Inspections, ", ' .. . .2,3,16,2,3,21,94,2,9,8.1,9.9,1 Architect's Instructions. , . . . , , . . ,2.3,16, 2,3,19,7.7,2. 12.4, 13.~ ArchItect's Interpretahons , .', .... .2,3,10 through 2,3,13. 12.3,2 ArchItect's On,Slte Observations...,.. ,2,3,4,2,3,6,2,3,9,7.7.1, 7.7,4,9.4.2.9,6.1.9,9,1 Architect's Relationship With Contraclor ..... .1.1,2.2.3.5.2,3,6, 2,3,13,2.31&.433,4,5,4.7,3,412&,4,18.11.3.6 Architect's RelatIonship With Subcontractors ", , . . . , , . ' Architect's Representations ' Art.stic Effect, , ' . .' ",.,..' Attorneys' Fees . , ' , , ' . , Award of Separate Contracts. . Award of Subcontracts and Other Contracts for Portions of the Work . , ' . , . . . , . . . ' , . ' ,..... .1,1,2,2).1&,95,3,9.5.4 ,..,.,.,,', ,9.4.2.9.&1.9,9,1 ",. ,1.2,3,2,314.2,3,15.7,9.1 , ,..,.".. ,418,1, &,2.5, 9,9,2 . , .. ' , .. .&.1.1 . .... ". .S,2 Boder and Machinery Insurance.. ""..' ".' ". ,11,3.2 Bonds, Lien ,.,.' , , ' , . , ' , . , ' . ' . . . ' . , . . . . ., ..,.,9.3.3, 9.9.2 Bonds, Performance, Labor and Matellal Payment .7.5,9,9.3 Budding Permit ' . . . . , , , . , ' , , . , , , ' , , ,4.7 Cert,(icale of Substant.al Completion... .9,8,1. 98,2, 9.8.3. 9,8,4 Certificates of Inspection. Testing or Approval ' . , . , .. ,7.7,3 Cert,(.cates of Insurance"".."."."..,....,' .9.32,11,1,4 Certificates for Payment. ProJect,.., ,.. .2.3,9,23,21,9.4,9,5,1, 9.5,5.9&,1,9,7,1,982,9,9,1,99,3,12.1.4,14.1.1,14.2.2 Change Orders., ,..,.., ,.,.' ,1,1.1.2,3.19,3.4,4,8.2,3,4.11.1. 52.3.7,7.2,83.1,9.7,9.93.11.31. ".3,5, 11,3.7, 12,1,122.1,12,31,1312,13.2.5,13.31 Change Orders, Definition 01 ..,..' .12,1,1 CHANGES IN THE WORI( ."".... ,23,19.4,11,1,12 INDEX 1 Claims for Add,tiONI Cost or TIme.... ,8.3,2, 8.3.3, 12.2,1.12.3 Claims for Damages..........,' ,. ,&,1,1, &2,5, 7.4,8.3.9,6.1.2 Claims and Disputes Belween Contractor and Owner.....,.....,. .2,312,2,3,15,2,3,23.4,18.2,7,9 Cleanmg Up ..............,.,..,.' ",...."...... .4.15, 6,3 Commencement of the Work. Cond,t,ons Relating to .3.2.1,4.2, 4.7.1,4,10,5,2,1, &2.2, 7,5, 9.2, 11.1, 11.3.4 Communications..... .. .. .... , . ,. ". . .2.3.2,3.2,&,4.9.1,4.16 Completion. Conditions Relating to .. .2.3.21. 4,11, 4.15. 9.4.2, 9.9.13.2.2 COMPLETION, PAYMENTS AND..........................9 Completion of the ProJect, Substantial.,.", ,8,1,4.9,8.3,9.8.4, 9.9.4,9,9.5,9.9,6,13.2.1, 13,2.2 Completion of the Work. Substantial..,.,.. .2.3,21. 8.1,1, 8.1.3, 82,2,9.8,9,4.2,9.9.3.11.3.9 Compliance with laws,..,...,." ,1,3. 2,1,1, 4.6, 4.7, 4.13. 7.1, 7&,1.7.7.1.10.2,2.14,2.1 Concealed Conditions . , . . . . . , . . . ' . , . . , . . , , , . . . . . . . . . . .12.2 Consent, Written ............"..... .2.3,22.4.14,2,7.2,7.6.2, 98.1,9,9,2,9,9,3. 11.3,9 Construction Manager, DeflnlllOn 01 ..",..,..,....,.....2,2 Construction Manager's Approval ,.". .4,10.1.4,13,2 Construction Manager's Additional Services.....,." 3.4.772,13.2,1,13.2.5,14.2,2 Construction Manager's Authollty and ResponSibility .....2.3.3. 2.3.5,2.3,16,2,3.10,23.22,4,8.1.4,17,1.4,18,3. 7.7,4.9,2,10,2,5,11.3,6.12.1.4.14,1.1 Construction Manager's Conformation .,.,.,....."..,...9.9.3 Construchon Manager's Consultation wllh the Architect .2.3,12, 2,3.1&,2,3.19.2.3,21,3.4,1.9,&,1,9,8,1,12,1.4, 12,3,1, 14.2.1 Construction Manage"s Coordination and Scheduling... .2.3.7, 23.17,4,3,1,4,10.1.4.12.4 Construction Manager's DecISions..... ..' ,...... , . .6,3. 8.3.1 Construction Manager's Determinations, .2,3.3. &,3,1, 7.7,2, 8.3.1 ConstructIon Manager's Interests",...,.".,.,. .11.3.1,11,3,2 Construction Manager's Recommendahons . , , .2,3,8.2.3.9.9.3.1, 9.4,1.9.7.1.9,9.1,12.1,1 Construchon Manager's Relationship with Architect..., ... ..,....,....1,1.2,2),1,2.3.3,23.21 Construction Manager's RelatIOnship w,th Contractor.. .. .1.1.2, 2.3,15,2,3,16,32.&,42.1.4.33,45,4.7.3,4,11,1,4.12,4,4,12,6, 416,1,4.17,1,4.18,5.2, &2.1, &2.2. 7&2, 7.7, 7,9.1, 7,9,2, 83.1, 8,3,2, 9,4,1, 95.4, 98 1, 99,1, 10,2,&, 11.1.4, 11,3,& Construction Manager's Relationship wllh Subcontractors. , . ' . . . ' , , , , . ' , , Construction Manager's ReView . , , . . . , ' Construction Schedule, Contractor S " Contract. Definition of , . , . Contract AdminIStratIon Contract Award and Execution, Conditions Relating to ' ,47,1, 4 10, 52. 75, 11,1, 113.4 CONTRACT DOCUMENTS ",.,.,....,..."..............1 Contract Documents. Copies FurnIShed and Use of ".,., Contract Documents. Deilnltlon 01 Conlract Moddications Contract Sum, Definition 01 Contract Termlnat'on ,."", Contract Time, Definition of CONTRACTOR .",.,.,."..".,.,.."., Contractor, Def,nition of Contractor's Construction Schedule ".1,1,2.2.3.16,5.3,1 ,. .2.3,8,2.3.17.5.2,1 , '.,.. ,4.10 ...... ..1,12 .". .2,3,4,3,3 ,1,3, 3,2.5, 5.3 .. ...... ..1.1.1 "',.......1.1,1.12 ",..,...,.,. .9.9,1 ",.., ,., , ,. .14 , . ,8,1,1 ...,........ ....4 ",. ,4,1.6,1,2 , " . ". ".. .4.10 2 A201/CM-1980 A'A DOCUMENT A20'/CM . GE"[RAl CON0I110'<5 Of '~E CO'<'RAC1 fOR CONS'RUCTIO" CONSTRUCTION MA~^GEM[NT EDITION . lL;sf ,Q80 EDIT)O~ . A"IA8 . ;r,1980 . THE AM[RICAN INsnTUH OF ^RCHIHC15. lCJ) N[W 'OR' ^,[ . '<" . "^SHI"GTON. 0 C. 200Cl6 WARNING: Unllcen~ photocopying vlolatea US, copyright I&WI and Is wbject to legal proRCut.on. OS/25/93 00750 2 GENERAL CONDITIONS Contractor's Employees,.... .4.3,2, 44.2,4,8.1.4,9.4,18,10.2.1 through 10,2,4.10.2.6,10.3,111,1 Contractor's liability Insurance. ' , . , . ' , , , . ' ' . ]1,1 Contractor's Relationship with Architect. ," ,,1.1.2,2.3,5.2,3,6. 2,3,13,2.3.16,4,3,3.4,5.473,4.12.6,4,18,11,3.6 Contractor's Relationship with Construction Manager.... .1.1.2, 2.3.15,2.3.16,3,2.6,4,2.1,4.3.3.4,5,4.7.2,4,11,1,4,12,4, 4.12.6,4,16,1,4,17,1,4,18,5,2,6.2.1.6.2.2,7,6,2, 7.7, 7,9.1. 7,9.2,8,3,1,8.3.2,9.4.1,9.5.4,9,8,1.9.9,1,10.2.6, 11.1.4, 11.3.6 Contractor's Relaltonship With Separate Contractors and Owner's Forces. ,... ' , , , ' . .' . ' , ,., , , . . ... . .3.2.7, 6 Contractor's Relationship With Subcontractors.,..,.... .1,2.4, 5,2, 5,3, 9,5,2,11.3.3,11.3.6 Contractor's Representations..,.....,' .1,2,2.4,5, 4,12.5,9,3.3 Contractor's Responsibility for Those PerformIng the Work.... . .. ., . ,. .. , , ' . , . .4.3.2, 4.18, 10 contractor's Review of Contract Documents". .1,2,2,4.2,4.7.3 Contractor's Right to Stop the Work "...'"" , , ' . . . . . . . . 9,7 Contractor's Right to Terminate the Contract,..".",.".. 14,1 Contractofs Submittals"..,.,..".., ,2318,4.10,4,12.5.2,1, 5.2,3,92,93,1, 9.B.1, 9,9,2, 9,93 Contractor's Superintendent, , . , , . . ' , . , . , .4.9, 10.2.6 Contractofs Supervision and Construction Procedures., , , ., . .1.2.4, 2.3,5, 4.3, 4.4, 10 Contractual Liability Insurance, , '" ,.,.'"".. , ... ,.. .11.1.3 Coordination and Correlatoon ...,..., ,1,2,2, 1,24, 4.3.1, 4.10.1, 4.12.5,6.1.3,6.2.1 Copies Furnished of Drawings and Spect!ICatlons .,1,3. 3.2,5, 5.3 CorrectIon of Work ......"..,.,.."",,3,3.3.4,10,2.5,132 Cost, DefinItion of .............",.,.,.......,......12.1.4 Costs",... .3.4, 48.2, 4,15,2,5,2.3.6,11.6.2.3,6,2.5,6.3,7.7.1, 7.7,2,9.7,11,3,1,11.3.5,12,1,3,12,1.4.12.3,13.1,2,13,2.14,2,2 Cutting and Patching of Work ".,...".', , ,........ .4.14 Damage 10 the Work, ' ".", ,. ,.4142,10.212, 10.2.7, 11,3,1 Damage to Work....,....,.. .4,14.2, 4,18.1, 6,2.4. 6.2.5. 9,6.15, 102,1,3,1022.10,25,10.3,13.2,6 Damages. Claims ior '.', ,.,... .,.'". .6,1,1,6,2,5, i.4. 9,6,1.2 Damages lor Delay ,.."..,.,..",.", ,6,1.1,8.3,4,9.7 Day, Definition oi ' ,."".".,. ,........."..., ,..... .8.1.5 DeCiSions oj the Architect,."", .2.3,10 Ihrough 2.3,16, 7.7,2, 7.9,1,9.2,94,96,1,9.8.1,121.4,12,3,1 DeCiSIons 01 the Construction .'Ianager ."........', ,6.3,8,3,1 DefectIve or :--'on.Conlormlng Work. Acceptance, RejectIon and CorreClton of .,,'. .2,3.4, 2.3,16,3,3, 3.4, 4,~, 6.22.6.2.3.96.11.9.9.4 2,13 Defonlllons "'" ",11,2.1,2.2,3.1.41,4.12.1 through 412.3,5.1,6.12,8,1,9,1,1,12,1,1,12,1.4 Delays and ExtenSIOns oi Time, , , , ,.' , ,. , ,. . .' . . , , .. ,. , ,8,3 Disputes '" ,23.12,2315,2,3.23,62.5,63, i9.1 Documents and Samples al the Site ' , , . , . , ,4,11 DraWings and SpecdICatlons, Use and Ownership of ",1.3.32,5,4,11,5.3 Easements . , . . , , , . , , . . , . . . . . , , . . . . ' , . , . , , . , . . . . . . . , . .3,2.3 Emergencies ."",...""""",.,".'.......,.,.... .10.3 Employees, Conlractofs "..., ,... ,4.32,4.4.4,48,1, 49, 4.18, 10.2.1 through 10.2.4, 102.6. 10.3, 1111 Equipment, labor, \laterlais and ",.,.11,1, 44, 4 5, 4,12, 4.13. 415.1,621,93.2,933,96.1.3,992, 10.2,1,2.11.3.1,12.1.4,1322,132,5,14 heculton and Progr~s of the Work..,.,. ,. .1.1,3,1.2,3,2.3.4, 2,3,5,2,3,11,42,441,45,4.7.1,6,2,2.7.9,3, R.2.2.l) 3 ~ ,q, ~ ~ q f,.'. 1'-' 2 3. 10_~...1. i4:! ;"'\t.'luI10n, Correi.atlon and lntcr.ll_,' the Contract Documents. . , , , .. ""..,.',.., ,1,2, 4,7,1 E.tenslons of Time...."".."....""." ,8.3,12,1,1,12,1.2 F allure of Payment by Owner. , . .. ,. , ... .. . ........ .9.7,14.1 Failure of Payment of Subcontractors,.,., .9.6.1.3,9.9.2.14.2.1 Failure to Carry out the Work.,.., ,...' "...,.....' ... .2.3.5 Final Complelton and Final Payment, . ,2,3.15, 2,3.21, 9,9, 13.3.1 FinanCial Arrangements, Ownefs ,..,..,.,..............3,2.1 Fire and Extended Coverage Insurance, ., . , . .... .... .. .11.3.1 Governing Law. . . . . . . . . , , , . . . , , , , . ' , , , . . . , , . , , , . . . . . . .7,1 Indemnoficatoon .......... ,..,..,. ".. ,.4,17,418,6,2.5.9.9,2 Idenl,iICallon oi Contract Documents. ,.. .. , , . , , , , .. ,1,2.1 IdentlilCatlOn 01 Subcontractors and Suppliers ' , . , . .. .5,2.1 Inlormatlon and ServICes ReqUired 01 the Owner "," ",. ,.. ,'.., ,32,6.1, 9,11.2,11.3 Inspections.."",.,.,., ,2.316,2321,43.3,7.7.12,1.2.9,9,1 Instructions to Bidders. , . ' ., , .' ,. .1.1,1 Instructions to the Contractor,.. ,., .2.3,2,32.6,4.8.1,7,7,2, 12.1,2,12.1.4 INSURANCE.....................,............... .9,8.1,11 Insurance, Contractor's Liability. . ,.".,....,..11,1 Insurance. Loss of Use. . . ' , , . , . ' , . , ' , . , . . . , . . . .11,4 Insurance, Owner's liability...,..,.,.".",..,...,.... .11.2 Insurance, Property. . , .. . .. . .. . , . , ... ' , . , " ,.. . ...... .11.3 Insurance. Baller and Machinery ,.,."..,.,..,.",....11.3.2 Insurance. SpeCial Hazards.., ' , . , .. , . . ' . ., ..... .. .. ,.11.3.5 Insurance, Stored Mateflals ..'"...",.,..,.",. ,9,3.2,11,3,1 Insurance Companies. Consent to Part'al Occupanc)' ",. ,11,39 Insurance Companies. Seulement With, , . . , . ' , , , , . . , . . .11,3,8 Intent of the Contract Documents.,...,. ,..." .1.2,3, 2,3.10, ~.3.13, 2,3,14, 124 Interest ....,...'..,., ,..' ,...,.,..,....,.....,.. .7.8 InterpretatlOos, Wlluen """. ,1.1.1, ~.3,11, 2.3.12. 2.3,13, 124 labor, 'lateflals and EqUipment ,." ,1,1,3, 44, 4,5, 4.12, 4,13, 415,1,62.1,932,933.9,61.3,922.102,1,2, 11.3,1.12.1.4,13.2.2.13.2,5,14 labor and ,\lalCflal Payment Bond, ,.,., , ,..""., ,..... .7,5 labor DISputes....... ,., , " "" " ,... ......,.. .8,3.1 La"s and Rq:ulatlons ., i 3. 2,1.1, 46,47.4.13, i.1, 7.6.1, ~ 7.1, 10.2.2. 14 , ,933, 992. 9,9.4,1 , ,2,32. 1 UB, 12.4,1 "'" .~313, 2.316, 2 3.18, 3.3,4.2, 4.7.3,4126,4.17,4,18,6.2.2,7.62,9.4.2, 9.54,9,'14. 99.5,1025. 11,1~. 11.3,6 l,mltal'uns 01 Time, General .2311,2318,3.2.1,3,2,4. 4,2.4.7.1,4.7,3,4124,415,1,5.2,1,5,2.3.62,2.7.4, 77, i,9,2, B,2, 9 52. 96,1, 9B, 99.11.3,1,11.34. 11,39,1214,12.4,13.2,1,13,2.2.13,2.5 Lm,latlons 01 Time, SpecifIC .". .3.4, 4.10, ~,9 2.8.2,8,3,2, 833,9,2,031,941,9,51,97,l1.1.4,11,3,B, 122,1231.132.2,132.7.14,1,14,2,1 .,7.92, 132,2, 13.2.7 "",....,. ,11.4 liens ................ Limitations 01 AuthOrity Limllatlons or l,abillty Limitations, Statutes or Lo~s 01 Use In~urance .... AlA DOCUM[ST A.201:CM . CE....fR..L (O....OITIO...., Of Tt-'~ CO....TI-:,A(l f<);: (O.....<io.:l CT;O~ CO~~lIi:LCTJO~ M............CL\H'T EDl1iO.... . 1L:"E ,qao E~ITIOS . ^l....... 1'1&;. THE ^"'~.1ER1CA.... r....STIlL H Of ^RCHIHCT~. ';-35 Sl\\' Y()l.::~ A\oE ....\\ \\A..)HI'l~1()" DC ,:"H);, A201JCM-1980 3 '/iARN1NG: Unlicensed photocCC"jlng VIolates U.S cooynght laws and IS subject to legal prosecution. OS/25/93 3 GENERAL CONDITIONS 00750 Materials, labor and Equipment... .,. .1.1,3, 4,4, 4,5, 4.12, 4.13, 4,15.1,6,2,1,9.3.2,9,3.3, 9,6,1.3, 9.9,~, 10,2,U, 11,3,1, 12.1.4, 13~,2, 13,2,5, 14 ,,,"\atenal Suppliers..".",."."....,.... .4,12.1,52.1.9,3,3 \1eans, Methods, Techniques. Sequences and and Procedures oi Construction.....,.. ,2,3,5.4,3,1,9.4,2 Minor Changes in the Work.". ,..,....... .1,1,1,2,3,19,12.4 MISCELLANEOUS PROVISIONS .,....................,....7 Modifications, Defmltlon ot .",...................... .1,1.1 ,\\odificatlons to the Contract",..... 1.1.1, 1,1,2. ~,3,2, 2.3.22, 4,11,1,4,7,3. '12 Mutual Responsibility..........,....,.......,......... ,6,2 Son-Coniorm.ng Work, Acceplance of Defective or ,..... .13.3 Sotlce. Wntten ",.',..," .~,3,11. 2,3,15, 4,2. 4,7.3. 4.7 4, 4,'}, 4.12.6,4.12.7,5.2.1,7.3,7.4,7.9,2,8.1,2,8.3.2,8.3.3, 9.4,1,9.6,1,9.7.9,9,1,99,5,102,6,11,1.4.11,3.1, 11,35,11.3,7,11.3,8.12,2,12.3.13.2.2,13,2.5.14 Sot Ices, Perm,ls, fees and ,., ,2,3,2, 4.7, 4.13,1. 10.~.2 Sotlce ot Testmg and Inspection> ' . . ,. ..,.. Sotlce to Proceed" ,8,1.2 Observations, Conlractors .".' ' . ' . , , . , " , ' , ' ,1.2.2. 4.7 J Occupancy......,............,., " ,8,1,3,8.1.4,9,5.5, 11.3.9 On.S.te Inspections by the Architect,..,...,. .~,316, 2,3,21,9,4,2,96,1,9,9.1 On-Site Obser.atlons by the Architect. . . . . , ' ,~,3.4, 2,3.6, 2.3,9. 7.7.1,7.7.4,9.4,2,9,6,1,9,9.1 Orders. Wntten ,." ".3.3,4,9, 12.1.4, 12,4,1, 13 1 OWNER .."..""......................,..........,...3 Owner, Detmltlon ".."...".,...,....,...,....,.... .3,1 Owner, In(ormatlon and Ser.,ces ReqUired 01 the ",,32,47,1,6.13,62.9,11,2,11.3 Owners AuthorItY",..,..., ,., .2,3.21,7,7.2. 9,3.1, 9,3.~. , 9,8,1,11,3.6. 12,U, 12,1,4 Owners FinanCial CJpabdlty "..','."."'" ,3,2.1 Owners llabil,ty Insurance ' .. ,112 Owne's Relationship With Subcontractor> ,.,. ,1,1.2, 9,5.4 Owne's R,!?ht to Carr~ Oul Ihe \\or, ,,3.4, 13.2,4 Owner s Right to Clean Lp .415.2, &3 Owner s R,s;ht to Penorm \\'or, and to Award Separate ConlraCls Owner s Right to Terminate Ihe Contract Owner s R,~ht 10 Stop the \\ or, O~\'n('r)r:lp Jnd L...e ot D,-,c...ir:enb , .33 J. 325, 53 Patchms; or \\'or" Cultlns; and ,.4.14 Patents. Ro\"ait,es and . , ,417.1 Pa\"ment Bond, LJbor and \\"10",,1 -.5 Pa\"ment, ContraLtor s Applications lor ,2.38,92.93,94, 95.3.961, '1 -.1, 9.82, 9.9,1, n q 5.1422 Payment. Pro:l'ct Cen.f,ca.," lor ",23.9.2.3.21 94,9.51. q 5 5, 9h 1, ,,- t, q 8 2, 99 1 9,9.3,12.1.4,14 11,14 2 ~ Payment, Fadure ot "",. ,95.2,9.&1.3, 'J~, ').92,14 Payment. Final 2.3.15, 2321, Q y, 1 J 31 Payments, Progre" - 8, ~93, 9.55, 982, Y 93,12.1.4 PAYMENTS Af'\D COMPLETION ,9 Pay ments to Subcontractors ,9.5.2,9,53,95.4,96.1.3, 113.3, 142 1 Payment, \\dhheld ",9G Performance Bond and labor and Material Payment Bond.. .7.5 Permits. fees and NOllces ......,...... .3.2,3,4.7.4,13, 10,2.2 PERSONS AND PROPERTY, PROTECTION OF ............. .10 product Data, Definition of .......",..,...,.,.......14,2.2 Product Data, Shop DraWings, Samples and ...2.3.18,4.2.1,4.12 Progress and Completion. ". . , ........... .. .2.3.4, 7.9.3, 8,2 Progress Payments... .. ., , . ,7,6, 7.9,3,95,5, 96,2. 9,9,3. 12.1.4 Project, Definition of ..............,...,.,.......... .1.1.4 Project Construction Schedule..... .. ....... . ,. ...... . . .4.10 Property Insurance..,.., ,..",......,',.. ,..,........ .11.3 PROTECTION OF PERSONS AND PROPERTY ............. .10 Record Documents".,..,. ,.,....,.,......,......... .4,11 Regulations and laws.......,.,.... .1.3,2.1,1,4,6,4.7,4.13.1, 7.1,10,2,2,14 Rejection oj Work. . ' , . ... ' . , , .. . ' . .. , ,. , ,2,3,16, 4,5.1, 13,2 Releases oi Waivers and liens .,.,.' , ' , ' , , . , , . . . . .9,9.2, 9.9.4 Representations",.., , .' , , ,1 2,2, 4.5. 4125, 94~, 9,6,1, 9.9,1 RepresentatIves,.. ,2,1, 2.2. 2,3,2, 23.22. 3,1, 4.1,4,9,5,1,9,3.3 Respons,bdlty tor Tho'e Pellormlns; the \\nr, ,., .2.35.4,3,2. 61.3.62,9,61 Reta.nage ,.,.""",' Q31 "j 2, 9.82. 99,2, 9,9.3 ReView 01 Contract Documenb b\ the CL,r:tractor ......., .2.::, 4.2, 4.7 ,3 Rev.ews oi Contractor's Submittals by Owner and Architect.,.,.......,. ' ,2,318, 4.10. 4.12. 5,2.1, 5,2.3, 9,2 RlghlS and Remedies".." ,,1,12.: 3.15. 2,3,16. 3,3, 3,4, 53.6.1, &,3, 7.&, 7,9, 6,3,1, 9,6,1, 9.7, 10,3,12.1,2,12,2,13.2.2.14 Royalties and Palents . , . . .. . ' . . ' ....... .. . .4.17 .& 1 . " . ' , . , . ,10.2 ,235. 10,1 , , , . . .4,12.3 ,:.3,17,2,3.18, 4.2, 4.12 , , , .411 . " ,4,10 , , ' .4.10 , , , , ' , . ' ,9.: .4.14 2, 6, 11.36, 13,1,2 .412,1 , . ,2,3,17, 2,3,16,4.2,4,12 ,413,62.1 , " 23~. : 321, - -, ~ 8.1,9,9.1 : 3 4,2.36, 239,77.1, - ~4. '.<4 2,9&,1.991 231&, ~ - . . . ,11,3.5 ,,1.1.1,1,2.4,1,3 - n~. 13_~.~. 13 ~.; ; ) Y -.1,103,141 112.1. 93~, 11' 21~. 11.3.1, 13_2.5 ""....,.. .5 , , , . . 511 :35431,43.2 ,5 3 23 1; ~ ,I) ~12, 52.1, 5 :3. ') 2 '. 31, J 8.1,9.9,1,993 Saietv ot Persons and Propert\' ... Salely Precautions and Programs Samples. Deilnltlon oi ..... , ' . . , Samples, Shop DraWings, Product Data and , ,1.L2 'amples at the Site, Documents and ~lhedule Contractors Comtructlon Schedule, PrOJect Comlructlon Schl'dule o' \alues .' Separate Contracts and Contractors "'hop Dral\lngs, Detlnlt.on ~hop Dral\lngs. Product Data and Sample; 'dt', L-~c \', SIte In:-.Dt'ctlons Site y",ts, ,"",ch,tecrs "p(,CIJ~ 1'l~pc(tHm and Te"t:ns ~pcclJI HalarO\ In"urancc 5peCillcal,ons ... . . 'tat ute' 01 l,mltal:ons ~topptnS p",(' \\ur\.. Stored ,"atenals SUBCONTRACTORS ~ubcontrJClors. Dl'lln!tlun 01 Subconlractor<. \\ nrk bv ~ub(0ntra(tual Relation.. Submltta:' .,\)..... " :_(),..lRl CTI(j.... -\' -\" ",'bO . 1 HE ,,', \"~'i".\~ :0' D C ~ln)l. '--",.-,. 4 A201/CM-1980 .t.I.o\ OOCL\H....T .t.!O"C.'~. I.:_',['\\L \.....,i' '~(\','" l.l,'\,",lKLLilU.... \1.\"'.-\Li\1('\,i ll1ITI()..... . IL'l',~' ' '\'Ei.:I(\' :,~rl:',-- 1[ lit \"::"'~:;l(T" j-l-; '\,l\\ ,\l_';';" \\ t ,\\ 'NARNING: Unlicensed photocopying VIolates US, copyngnt la-ws and IS sublect to tegai pr:;secul;or OS/25/93 GENERAL CONDITIONS 00750 4 SubrogatIon, WaIver oi .....,."......,..'.......... .11,3,6 Substantial Completion ot the Prolect .. ..... .8.1.4, 9,8,3, 9.8.4, 9,9.4,9,9,5,9.9,6,13.2.1,13.2.2 SubstantIal CompletIOn oj the Prolect, DefinItIon of ..... .8,1.4 Substantial Completion 01 the Work.,.".. ,2,3,21,8.1,1,8,1.3, 82,2,9,.'1,9,8,9,9.3,11.3.9 Substantial Completion oi the Work, Deilnltion oi ....... .8.1.3 SubstitutIon of Subcontractors ""..,."". . , . , , . ,5,2,3, 5.2.4 SubstitutIon Of the ArchItect. . . . , . . . . . . , , , . . , . , . . , . . . .2.3,23 Substitution of the Construction Manager ,.............2.3,23 Substltullons oi ,\1alerlals .,..",.....,.".,'.',. ,4,5, 12.1,4 Sub-subcontractors, DefinitIon 01 ,.. ,... ,. ,. , ,.......,. .5.1.2 Subsuriace Conditions.", ,.....,... ".....' .,...... .12.1,1 Successors and ASSIgns .,...., , . . . . . . . . . . , , , . . . . . . . . . . . .7.2 SuperviSion and ConstructIon Procedures, , . , , ,. , . .1.2.4, 2.3,:;, 4,3, 4.4, 10 Superintendent. Contractor's .,.,'..,. . , . . ' . . . , . . . .4,9, 10.2.6 Surety, Consent ot "".",."".".,.,."""...9,9,2, 9,9.3 Surveys , ,. . , , , .. ' , . , , , , . .. , . . , , . , , , , . . , ,),2,2, 4,18,) Taxes ,...,. ,4.6 T~rmlnatlon bv the Contractor .,.,..,,14.1 Y crmmatlon bv lhe Owner ..... 14.::! Termination 01 the Architect, ,. ,. " .,2.3,23 Termination 01 the ConstructIon ,\1anager ...,..,."... ,2,3,23 TERMINA liON OF THE CONTRACT . , . . , . , , . . , , . . . . . . . . . .14 Tests.,...."...,.".., '.' , "".,. .. .2,3.16, 4.3.3, 7,;, 9.4,2 TIME ..,."".............""".......",.,...,.......8 Time, Deilnltlon 01 ,.....,.....,."...""".....,.... .8,1 Time. Delays and ExtenSIOns of ,..."... ,8.3. 12.1, 12.3, 13,2.7 Time limIts. Spedic .........,..., .3.4,4.10,7.9.2,8,2,8.3.2, 8,3,3,9,2,9,3.1.9.4.1.9.5,1,9.7,11.1.4, 11.),8,12,2,12.3.1,13,2.2,13.2.7,14,1,14.2.1 T ,tie to Work .................................. 9.3.2, 9,3.3 UNCOVERING AND CORRECTION OF WORK. . . . . . . . . . . . .13 LJncoveflng Of Work. .... . . . . . , , . . .. . ... . . . .. ..... _.. .13,1 Uniorseen CondItIons. . . ' . . . . . , . . , . . . . . . . . . ..... .8.3.1,12,2 LJOIt Pflces .......,.......,............,... .12.1.3.2, 12.1,5 Use 01 Documents. .. . ,. , , . . , . . . . .. . .. , . ,. ... .1,), 3.2.5, 5.3 L:se oi Site, . . .. . , ,. , . ' , . , ' . ' .. . . . . . . . .. . .... .. .4,13, 6.2.1 Values, Schedule oi ,.,'.,.. , . . . . . . . . . , , . . . . , . . . . . , . . . . .9,2 Waiver oi Claims by the Contractor... .7,6,2,8,3,2,9.9.5,11,3,6 Waiver of Cla,ms by the Owner. . . . . .7,6,2, 9,9.4, 11.3.6, 11.4.1 Waiver of liens , . . . . . . . . . . . . . . . . , , . . . . . . . . . . . . . . . . . . .9.9.2 Warranty and WarrantIes. .. , . . . . , . . . . .2.3,21,4,5,9.3,3. 9.8.4, 9,9.4, 13,2,2, 13.2,7 Weather Delays.. ,.,........ ,.. '" ' , .. .".......... .8,3,1 Words, Recognized .\\eanlO~ ot .,",.,.",..,.,...,.. .1.2,3 Work, Definition ot .".,."..,."".........,....,'. .1.1.3 WORK BY OWNER OR BY SEPARATE CONTRACTORS,..... ,6 Written Coment ".' '. ,2.3 .22.414,2.72,762.98,1,9.93 Written Interpretations.,.".".......... .1.1.1,2,3.11,12,3.2 \\"tten Notice. ,., ,. .2,3,11,2.3.15,4.2,4,;,3,4.7,4,4,9,4.12,6, 4.12.7,5,2,1,7.3,7.4,7.7,2,7,9,2,8.1,2,8.3,2, 8.3,3, 9,4,1, 96,1,97.991,10,2.6,11,1.4,11,3.1.11.3,5,11,3,;, 11,3.8, 12.2, 12,3, 13.2,2, 13,2,5, 14 Written Orders.. . , . , , . .. . . . . , .. ..3.3, 4,9, 12,1.4, 12.4.1. 13,1 .\1" DOCUME.'lT Al01CM. CE.....[;;:-\L \...c'.....[~:rIO'~ (,If THE (O'n~""CT FOR CO'I...IRLC;:O.... CU....,lRLCTIO'\ \P,'ACi.'H....r [!)lj:O, . ll'[ jClfil) [01110' . ^I^~ .-~ i4Bol . IrE. ~...\[R1C"'''''' "ST:Tl T[ Of Jo_~CH!HC1~ i~J5 "l\\ "OIO:~ AVE. ..... \\' \\'..SHI~GTO.... 0 C :ril'oh A201/CM-1980 5 WARNI"~G- UnhcenSPd rhotocopymg VIolates u.s. copyright la'wYS and IS subject to legai prosecution. OS/25/93 5 GENERAL CONDITIONS 00750 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 CONTRAa DOCUMENTS 1.1 DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist ot the Owner-Contractor Agreement, the Conditions 01 the Contract (General, Sup- plementary and other Condilionsl, Ihe Drawings. the SpeCIfications. and all Addenda I$sued prior to "nd all Modlilcations Issued afler execution OT ihe Contract. A Modification IS (1) a wnllen amendment to the Contract signed by both parties, 12, a Change Order. 13J a written IOterpretalion Issued by the :\rchltect pursuant to Sub- paragraph 2.3.11, or (4) a wntten order for a minor change 10 the Work is,ued by the Architect pursuant to Paragraph 12.4, The Contract Documents do not include Bidding Documents such as the Advertisement or Invita- tion to Bid, the InstructIOns to Bidders. sample forms. the Contractor's Bid or portions oi Addenda relating to any or these, or any other documents unless $peClficallv enu- merated 10 the Owner-Contractor Agreement. 1.1.2 THE CONTRACT The Contract Documents lorm the Contract for Construc- tion, This Contract represents the enllre and Integrated agreement between the parties hereto and supersedes all pnor negotiations, representations or agreements, either wnllen or oral. The Contract may be amended or modi- fied only by a ModifICation as deflOed 10 Subparagraph 1.1.1, The Contract Documents shall not be construed to create any contractual relationship of any kind between the Architect and the Contractor, between the Construc- tion ."~anager and the Contractor or between the Archi- tect and the Construction ,\1anager, but the Architect and the Construction Manager shall be entitled to perform- ance of the obligations of the Contractor intended for their beneilt and to enforcement thereof. :\othmg con- tained 10 the Contract Documents shall create any con- tractual relationship between the Owner. the Construc- tion ,\1anager or the Architect and any Subcontractor or Sub.subcont ractor. 1.1.3 THE WORK The Work compnses thl' lompleted construction required 0; the Contractor by the Contract Documents. dnd In. c1udes all labor necessary to produce such construction, and all materials and equipment Incorporated or to be Incorporated 10 such construction 1.1.4 THE PROJECT The Prolect, as defined ,n the Owner-Contractor "gree- ment I> the total construction 01 "h,ch the \\ork per. formed under the Contract Documents IS a part. 1.2 EXECUTION, CORRElATION AND INTENT 1.2.1 The Contract Documents shall be Signed In not less than quadruplicate b\ the Owner and the Contractor. Ii ellher the Owner or the Contractor or both do not sign the ConditiOns oi the Contract DrawlOgs, Specli,cations or any of the other Contract Documents, the Architect shall identify such Documents. 1.2.2 Execution 01 the Contract bv the Contractor IS a representation that the Contractor has VISited the Site, be. come familiar with the local conditions under which the Work is. to be periormed, and has correlated personal observations With the requirements oi the Contract Docu- ments. 1.2.3 The mtent 01 the Contract Documents IS to include all Ilems necessarY lor the proper eXl'cutlon and comple- tion of the Work. The Contract Documents are comple- mentary, and what IS reqUired bv an." one shall be as bmding as If reqUired by all. Work not covered in the Contract Documents will not be requ.red unless it is con. sistent therewith and is reasonably inferable therefrom as being necessary to produce the intended results. Words and abbreviatIOns which have well-knO\\ n technical or trade meanmgs are used In the Contract Documents in accordance with such recognized me,lnlO~>, 1.2.4 The organization oi the SpecltlCatlons Into divi. Slons, sections and articles and the arran~ement 01 Draw. Ings shall not control the Conlraclor In dl\ldlO~ the Work among Subcontractors or 10 establ,shlOg the extent at Work to be periormed b\ aO\ trade, 1.3 OWNERSHIP AND USE OF DOCUMENTS 1.3.1 All Drawings, Specifications and copies thereof iurnlshed by the Architect are and shll1 remalO the prop- erty of the Architect, They are to be used only with reo spect to this Project and are not to be used on any other pro/ecl. With the exceptIOn of one contract set for each party to the Contract. such documents are to be returned or suitably accounted for to the Architect on request at the completIOn of the Work, Submt>\lon or distribution to meet onlClal regulatory requirements or ior other pur. poses in connectIOn with the Project IS not to be con- strued .1S publication In derogation of the "'rcnltect's common law copvnght or other reser\ ed rights ARTIClE 2 ADMINISTRATION OF THE CONTRACT 2.1 THE ARCHITECT 2.1.1 The ."'rch,tect is the person lawfull\ licensed to practICe architecture, or an entltv lawiull\' practicing ar- chitecture, Identified as such to the 0" ner.Contractor "'greemenl. The term .Arch,ter: means the ""chitect or the Architect's authonzed representat/\'e, 2.2 THE CONSTRUCTION MAN"GER 2.2.1 The Construction '!anager I, the person or entltv Identified as such In the 0" ner.Conlractor "'greement. The term Construction ,\\anager means the Construction \\anager or the Construction \\,Jnager' authOrized representat/\ I' 2.3 ADMINISTRATION OF THE CO'\TRACT 2.3.1 The .Arch,tect and tho Construction \~anager will A201/CM - 1980 6 ~I" OOCl:MEP\,jT4201.CM. (~f'tiO:.1,L (_~',J,' ",,, OF ~......~ (':',~;;:.1,CT fDR CO,~T;;:LCTli)" CO'STRL'CTIOl'. ,'~A""^GE'\E""T EOliIO..... .:L....E :980 EDIT;C'~ . AIA'!- . ~ 1980 . THE \'HRIC"'.... l.....qITLTE Of .\RCHii:Ci" j-:;j ,~\\ 'lOR"': -'.\E "-... \',ASHI'CTO"- 0 C ~W'" WARNING: Un!tcens.e-o photocopying "Jolates U.S. copyright laws and IS subject to legal prosecutIon. OS/25/93 GENERAL CONDITIONS 00750 6 provide administration of the Contract as hereinafter described. 2.3.2 The Architect and the Comtrucllon Manager will be the Owner's representatives during construction and until final payment to all contractors is due. The Archi. tect and the Construction Manager will advise and con- sult wIth the Owner, All instructions to the Contractor shall be forwarded through the Construction Manager. The Arc;hitect and the Construction Manager will have authoritY to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified bv written instrument in accordance with Sub- paragraph 2,3,22, 2.3.3 The Construction Manager will determine in gen- eral that the Work of the Contractor is being performed In accordance with the Contract Documents, and will en. deavor to guard the Owner agalOst defects and defICien- cies In the Work of the Contractor. 2.3.4 The Architect will visit the site at IOtervals appro- priate to the stage of construction to become generally iamiliar with the progress and quality of the Work and to determine In general if the Work is proceeding in accord- ance With the Contract Documents, However, the Archi- tect will not be requlfed to make exhaustive or con- tinuous on-site inspeCl10ns to check the qualitv or quan- Ilt\ or the \\'ork. On the baSIS of on-sIte observations as an architect. the Architect will keep the Owner informed of the pro~ress of the Work. and will endeavor to guard the Owner agalOst defects and deficiencies in the Work of the Conlractor. 2.3.5 Neither the Architect nor the Construction Man- ager will be responSible for or have control or charge of construction means. methods. techniques, sequences or procedures. or for safety precautions and programs in connection with the Work. and neither will be respon- Sible ior the Contractor's failure to carry out the Work In accordance with the Contract Documents, Neither the Arch,tell nor the Construction Manager will be respon- Sible for or have control or charge over the acts or omis- SiOns of the Contractor, Subcontractors, or any of their agents or employees, or any other persons performing any of the Work, 2,3.6 The Arch,tect and the Comlructlon Manager shall Jt ail times have acce<.s to the Work wherever It is in preparallOn and progress, The Contractor shall prOVIde facilities for such access so that the Architect and the Construction Manager mav perform their functions under the Contract Documents, 2.3.7 The Construction Manager will schedule and coor- dinate the Work of all contractors on the Project includ- Ing thelf use of the Site, The Construction !\1anager "iii keep the Contractor iniormed of the Project Construction Schedule to enable the Contractor to plan and perform the Work properlv, 2.3.8 The Construction ....~anager will review all ApplICa- tions for Payment bv the Contractor, IOcluding final pav- ment. and will assemble them with Similar applications from other contractors on the Project into a combined Prolect Application ior Pavment. The Con<.tructlon \~an- ,lger "ill then make recommendatlon< to the Architect ior certification for payment. 2.3.9 Based on the Architect's observation<., the recom- mendations of the Constructi.>n Manager and an evalua- tion of the Project Application for Payment. the Architect will determlOe the amount owing to the Contractor and will issue a Project Certificate for Payment IOcorporating such amount. as provided in Para~raph 9,4, 2.3.10 The Architect will be the Interpreter of the re- qUirements of the Contract Documents and the judge of the perlormance thereunder by both the Owner and the Contractor, 2.3.11 The Architect will render IOlerpretations neces- sary for the proper execution or progress oi the Work, \\-Ith reasonable promptness and In accordance with agreed upon time limits. Either party to the Contract may make written request to the Architect tor such interpreta- tions, 2.3.12 Claims, disputes and other matters In question between the Contractor and the Owner relating to the execution or progress of the Work or the interpretalion of the Contract Documents shall be referred initially to the Architect for deciSion. After consultatIOn with the Construction Manager, the Architect will render a deci- <Ion in Writing within a reasonable time, 2.3.13 All interpretations and decision.. ot the Architect <hall be conSIStent with the intent oi and rea..onably In- ierable from the Contract Documents and w,lI be in writ- Ing or in graphic iorm. In th,s capaclt\' as Interpreter and ludge, the Architect will endeavor to <ecure talthful per- iormance by both the Owner and the Contractor. will not show partiality to either. and will not be Ioable for the result of any interpretation or deciSion rendered in good iaith in such capacitv, 2.3.14 The Architect's deCISions in matters relating to arlistic effect will be final if conSIStent With Ihe intent of the Contract Documents. 2.3.15 Any claim, dispute or other matter to question between the Contractor and the Owner reierred to the ""rch,tect through the Construction ,'vIa nager, except those relatlOg to artistic eftect as prOVIded 10 Subparagraph 2,3,14 and those which have been waived bv the making or acceptance of final payment a.. prO\ Ided in Subpara- graphs 9,9.4 through 9.96, inclume, ,hall be subject to arbitration upon the written dem.lnd oi eIther part\' Ho\\e\er, no demand for arbitratiOn oi ,10\ such claim, dl<pute or other matter ma\' be m,lde unt,l the earlier ot 1, the date on which the Architect ha, rerdered a Writ- ten deCision. or !2i the tenth dav .liter the parties have presented their evidence to the ,""rch'lect or have been gl\en a reasonable opportunltv to do <0 II the Architect ha" not rendered a \\ ritten decl<lon h\ that date, When <uch a "rltten deCISion of the Archllect <tate< '1' that the decl..,on IS tinal but <ubject to appeal Jna ,~ that .10\ demand ior arbitration of a claim, di<pute 0' other matter covered bv such deCision mU..1 be made \\ IthlO thlftv days .liter the date on \\h,ch the party ma~,ng t~e demand re- cel\'es the wlltten deCISion, tallure to dem.1nd arbitration WlthlO ,aid thirty day pellod will resuit m the Architect, deCISion becoming tlnal and bmdml: UpOr1 the 0" ner and the Contractor. If the Architect renders a decision .liter arbitratIOn proceedings have been ,nltlated, ,uch derl..,on maY' be entered .1' ('\ ,dence b,,: \'. ,il not <Uf1er- ,ede aO\ arbitration proceedmgs unle', t"e deci<lon i< .1cceptable to all partie< concerned 7 A201/CM -1980 "IA DOCUME.'T 4.201.CM. Ci't"A~ (0'Dll10'-5 Of THl (()';!\.\,C- ,,-; CO.....~H.L(TIO., CO'SlRL'CTJOS MA."iAGL"'1[~T fOIT10S . )Li!'."E 1980 fDITIOS . A..iA,,'!' . :g) 1980 . THE ,\"'~(RI(",' I'-..STlTl'lE OF o\RCI-":.rc's ,~)) '[\,\' 'OR~ A.\~ ,,\\ \'. _1.1,+', -.70' DC :('0)6 WARNING: Unlicensed photocopying violates U.S. copynght laws ana 1$ subject to legal prosecution. OS/25/93 00750 GENERAL CONDITIONS 2.3.16 The Architect will have authority to reject Work which does not conform to the Contract Documents. and 10 require special inspection or lestlOg. but will take such action only after consultallon wIth the Construction Man. ager. Subject to review bv the Architect. the Construction Manager Will have the authority to reject Work which does not conform to the Contract Documents. Whenever, 10 the Construction Manager's oplOlon. it is considered necessary or advisable for the Implementation of the 10- lent of the Contract Documents. the Construction ."1an- ager w.ll have authorltv to require speCIal inspection or :estlOg of the Work 10 accordance With Subparagraph -:-2 whether or not such Work be then fabricated. 10- <,tailed or completed. The foregolOg authority of the Con- <tructlon Manager Will be subject to the provlsiom of Subparagraphs 2.3,10 through 2.3.16, inclusive. with re- ,pect to InterpretatIons and deCisions of the Architect. However. neither the Architect's nor the Construction Manager's authorltv 10 act under thiS Subparagraph 2.3.16. nor any deciSion made bv them in good faIth either to exerCIse or not to exerCIse such authontv shall give ri"e to any duty or responsibilitv of the Archilect or the Con- struction Manager 10 the Contractor. any Subcontractor, any of their agents or emplovees. or any other person periorming any of the Work 2.3.17 The ConstructIOn .\\,1na~er w.ll receive from the Contractor and re\lew ail ~hop DraWings, Product Dala and Samples, coordlnale them \\llh Iniormalion contained 10 related documents. and Iransmlt to the Architect tho"e recommended for approval. 2.3.18 The Archilect w.ll review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings. Product Data and Samples. but only for conformance wllh the deSign concept of the \York and the InformatIOn given In the Contract Docu- ments, Such action shall be laken With reasonable prompt- ness so as to cause no delav The Architect'" approval of a specific item shall not IndIcate approyal of an assembly of which the item is a component. 2.3.19 Following consultation with the Construction Manager. the Architect will take appropriate action on Change Orders In accordance With Ar!lele 12, and will have authoritv to order minor changes In the \York as prO\.ded in Subparagraph 12,4.1 2.3.20 The Con"truct,on \1anager will maintain at the ProJect site one record COPy of all Contracts, DraWings, SpeCificatIOns, Addenda, Change Orders and other .'vIod.- tlcatlons pertalnlOg to the Prolec!. In good order and marked currently to record all changes made dUring construction, and approved Shop Drawings, Product Data and Samples The"e snail be ava.lable to the -\rchl' tect and the Contractor, and shall be dellyered to the Architect for the Owner upon completion of the ProJect. 2.3.21 The ConstructIon .\\.lnager \\111 assist the Archl' lect In conducting Inspections to determine the dates oi Subst"ntlJI Completion and rmal completion, and will receive and forward to the Owner for the Owner's review \Hllten warranties and related documents reqUired b\ the Contract and assembled bv Ihe Contractor The Architect will ",ue J Ilnal PrOlect Certlllcate ior Payment upon compliance With the requtrements oi Paragraph 9,9. 2.3.22 The duties, responsibilities and limitations of authority of the Architect and the Construcllon Manager as the Owner s representatives during construction as set lorth In the Contract Documents. ".11 not be modified or extended without written consent oi the Ow ner, the Con- tractor. the Architect and the Construction Manager, which consent shall not be unreasonably withheld. Failure 01 the Contractor to respond within ten days to a ..",illen request shall conslltute consent by the Contractor. 2.3.23 In case of the terminallon of the employment of the Architect or the Construction .'.Ianager, Ihe Owner shall appomt an architect or a constructIOn manager agamst whom the Contractor makes no reasonable objec- tion and \\ hose status under the Contract Documents shall be that of the former architect or con,tructlOn man- ager, respectl\el.... Anv dispute 10 connection with "uch ,\ppointments shall be subJect to arbitration, ARTICLE 3 OWNER 3.1 DEFINITION 3.1.1 The Owner IS the person or entity Identiiied as such In the Owner-Contractor Agreement. The term 0\\ ner means the 0\\ ner or the Ow ner - ,1Uthonzed cepresenfatl\e. 3.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 3.2.1 The 0\\ ner shall, at the request oi the Contractor, at the time of execution of the Owner-Contractor Agree- ment iurnlsh to the Contractor reasonable e""dence that Ihe Owner has made iinanClal arrangements to fuliill the Owner's obligations under the Contract. Unless such reasonable eVidence is furnished. the Contractor is not requtred to execute the Owner-Contractor Agreement or to commence the Work. 3.2.2 The O\\ner shall iurnlsh ,111 surveys descrrbing the phYSIcal characteristics. iegal limilatlons and utll,tv loca- tiOns for the site of the ProJect. and a legal de<.CTiptlon oi the site. 3.2.3 bcept as provided 10 Subpar,H.\raph 4.7.1. the Owner shall secure and pay for nece-,.H\ Jppro\ .lIs, ease- ment<., a<.seS:'menls and charges requlfed lor the construc- lion, use or occupanc\' of permanent q'uctures or for permanent changes In e\lstlng taCil,lie- 3.2.4 Information or serv'lces under the 0\\ ner', control -r-all be lurnl<hed f)\ the 0\\ ner \\ Itn rCJ<on,lbie prompt- ne", to .1\ Old dela\ In the orded\ prot:re" 01 the \Vork. 3.2.5 Lnle<< olhem I,e pro\lded In :he Conlract Docu- ments, the Conlractor \\111 be lurnl-hed, Irel' ,11 cnar;:e, ,III copies 01 Drawings and SpeCillc.1tlon' reasonablv nec- essary ior the executIon ot the Work, 3.2.6 The 0\\ ner <hall it)r\\ ,Hd "II InqruCI:on" to the Contractor throu~h the Constructllln .'.!.,nager With S1mul- 1.1neOUS notification to the .Arch'lect 3.2.7 The lore;:omg are 10 addition to other outle' and respon-Ibiillle- 01 :he O\\ner enumerated hert':n and 1'<- peclall\ those in respect 10 \Vork B\ 0" ner or fh 'eoa- 'Jte Conrraetor,. PJ\ments ,lnO Completion ",.,d in<ur- ,1nee in .-\rliries" q and 11 respect 1\ 1'1\ "IA DOCUME"T A201:("-1. f~r":.;':~~ ((;....01:;0',,\ UF T~t co'~~~. 'Ci feR CC'........."l..(:ii(''''- COSSH:.CCTlOS M^SAGL"E~T EDiTiO.... - )L:~( 1960 EOITIOf".: . "IA~ -2) 198,) . THE .'''fRICA.... l,q!TLTE Of A,RCHI1[Ci5 1:-)' ,,[\\' lOR" :\\( ..... \\ \\.\')Ht....CTO' :J <- :'~....,' A201/C\\ - 1980 8 WAR~~:~1G Ur:I,censed photocopying" ~lates U.S copyright laws and 15 SUOiect to leg2' prosecutlon. OS/25/93 GENERAL CONDITIONS 00750 " o 3.3 OWNER'S RIGHT TO STOP THE WORK 3.3.1 If the Contractor fails to correct defective Work as required by Paragraph 13.2, or persistentlv fails to carry out the Work in accordance \\'Ith the Contract Docu- ments, the Owner, by a written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contractor to ~top the Work, or any portion thereoi, until the cause for such order has been eliminated; however, this right oi the Owner to stop the Work shall not give rise to any dutv on the part of the Owner 10 exerCise this right for the benefit of the Con- tractor or any other person or entity, except to the exlent requlCed bv Subp.:.ragraph 6.1,3, 3.4 OWNER'S RIGHT TO CARRY OUT THE WORK 3.4.1. If the Contractor defaults or neglects to carry out the Work In accordance with the Contract Documents, and fails Within seven days after receipt of written notice irom the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner mav, after seven davs following receipt by the Contractor of an additional wfllten notICe and without prejudice to anv other remedy the Owner may have, make good such deficiencies, In such case an .lppropriate Ch.lnge Order shall be issued deducting from the pay- ments then or thereafter due the Contractor the cost of correcting such defiCienCies, including compensation (or the Architect's and the Construction ."-Ianager's additional ,erVlCes m.lde necessary bv such default. neglect or fail- ure. Such action bv the Owner and the amount charged to the Contractor ~re both subject to the prior approval of the Architect. after consultation With the Construction "-Ianager. If Ihe payments then or therearter due the Con- tractor are not sufficient to co\'er such amount, the Con- tractor shall pol\' the difference to Ihe 0\\ ner, ARTICLE 4 CONTRACTOR 4.1 DEFINITION 4.1.1 The Contractor is the person or entilv Identified as such in the 0\\ ner.Contractor ....greement. The term Con- tractor means the Contractor or the Contractor's author- Ized representati\'e, 4.2 REVIEW OF CONTRACT DOCUMENTS 4.2.1 The Conlractor ,hall caretull\' ,tud\ and compare the Contract Documents and shall at once report to the -\rehilect and lhe Construction \lana\Zer an\' error, incon- '1stenc\' or omiSSion thaI may be d"co\ ered, The Con- tractor shall not be liable to the Owner the-\rchltect or the Construction "-Ianager ior an\' nam.lce resulting from .)nv ::.uch erroro:;., InCOnSlc..tcnCle..;, or om:';"l\-'n..;, ~n the Con- tracl Documents The Contractor ,hall perlorm no portion of the Work at am time without Contract Documents or, \\ here reqUired approved Shop Dra\\ Irg" Product Data or Sampie< for 'lIch portion ur the \\'or~ 4.3 SUPERVISION AND CONSTRUCTION PROCEDL.:RES 4.3.1 The Contractor "ha!1 'upel\ ,'e .;nd dilect the \\'or\.. U'ing the Contr.lctor', he't s~ill ,nd attention, The Contractor shal: be soielv re'Don<,ble fe" .111 construction means, method;, technique' <equences "nd procedures and shall coordinate all portions of the Work under the Contract, subject to the overall coordination of the Con. struction Manager. 4.3.2 The Contractor shall be responSible to the Owner for the acts and omissions of the Contractor's employees. Subcontractors and their agents and employees, and any other persons performing any o( the Work under a con- tract With the Contractor. 4.3.3 The Contractor shall not be relieved from the Contractor's obligations to perform the Work in accord- ance With the Contract Documents either bv the activities Of duties of the Construction .\\anager or the Architect m their administration of the Contract, or bv inspections, tests or approvals reqUired or performed under Paragraph 7,7 by persons other than the Contractor. 4.4 lABOR AND MATERIALS 4.4.1 Unless otherwise provided in the Contract Docu. ments, the Contractor shall provide and pav for all labor. materials, equipment, tools, construction equipment and machmerv, water. heat, utilities, transportation, and other facilities and services necessarv ior the proper execution and completion of the Work, whether temporary or per- manent and whether or not incorporated or to be incor- porated In the Work, 4.4.2 The Contractor shall at all time' eniorce <trict dis- Cipline and good order ,1mong the Contractor's em. plovees and shall not emplo\' on the Work any unfit per- ,on or .1n,one not skilled In the t,l,k aSSIgned them, 4.5 WARRANTY 4.5.1 The Contractor W.lrrants to the Owner, the Archi- tect and the Construction ,,,",anager that all materials and eqUlpn;ent furnished under thiS Contract will be new un. less otherwise speCified, and that all Work Will be of good qualdv, iree irom faults and defects and In conformance With the Contract Documents. All Work not conforming to these requirements, ,ncluding ,ub5tilutions not prop- erlv approved and authorized, may be con>idered defec. tlve, Ii reqUired by the Architect or the Construction Man- ager, the Contractor shall furnish satistactorv evidence as 10 the krnd and qualitv of materials and equipment. This \\arrant\' IS not limited bv the rrO\l'lons of Paragraph 13] 4,6 TAXES 4.6.1 The Contractor shall P~\ all 'ale" consumer, use and other "milar taxI"; ior the \Vorl.. or portions thereoT prOVided bv the Contractor which are lel!Jllv enacted at the time bid, are received, \\ heth,,! '" no1 \ct e"ective, 4.7 PERMITS, FEES AND NOTICES 4,7.1 lnle" o:her\\I<e pro\lded In th" C)ntracl Docu. ment' :"L' O',\ner 'h,:; 'c'cu'c .:nci P,;\ ',',' :he buildi"; permit and the Contractor ,hall ,ccure and pa\ for ail olher permits and governmental iee' I,cen'e< and inspec- tions nece,,,al\ tor the p,epe' c"'cutlon .;"1d completion of the Work \\ h,ch are CUslom.l!,I\ ,ecur"d aiter execu- lion 01 the Contract and whICh .1ft' legall\ required at the time b,ci, ,He 'ccel\ed 4.7.2 T"e CI)nt'actor shall ~I\e .:11 notlce< ,1I1d complY \\ llh .1:: !a\\ ':-. ordlnJrCe". rLie~ ~p':.:LJL1t:()n" Jnd IJ\\ ;~! order' ,., am publiC authorlt\ bearln" ClO the perform. ,lnce oi the \\'ork 9 A201 ICM - 1980 4.IA OOCU\-iE.'T .\.101 cv.. (~"~'~~ ( -,rI,j"'-!(.,-, .-:,r ~.< C'. ','~~l ~ ~.-~ r~1"<l\lC-'-'. CO\S-rRLCTIO.... \\,A..'AGE\~E~,--: E:::':--:;C'. . IL'E E::::':-C',,' \;.l,li . ::. i980 . -;....=. '...n....I(-''\, 1''''7!.L T[ ()f \;.:c~ ~C:~~ -~~. .....l\\ <:,;.::" \\ ~ "'" .'. h.. ,{'~n..... n C :('-1'0 WAR~1ING. U!"",i~censeo pr.otocopymg VIOlates U.S. copynght ta......s and is S>..Itject!c 'e-;al prosec-.:!'on OS/25/93 9 GENERAL CONDITIONS 00750 4.7.3 It is not the responsibility of the Contractor to make certain that the Contract Documents are in accord- ance .....ith applicable laws. statutes, building codes and regulations. If the Contractor observes that any of the Contract Documents are at variance therewith in any re- spect, the Contractor shall promptly notify the Architect and the Construction Manager In writing, and any neces- sary changes shall be accomplished by appropriate .\10diiication. 4.7.4 11 the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and regula- tions, and without such notice to the Architect and the Construcllon Manager, the Contractor shall assume full responsibility therefor and shall bear all costs attributable thereto, 4.8 ALLOWANCES 4.8.1 The Contractor shall Include In the Contract Sum all allowances stated in Ihe Contract Documents. Items covered by these allowances shall be supplied for such amounts and by such persons as the Construcllon Man- ager may direct, but the Contractor wlll not be required to employ persons against whom the Contractor makes a reasonable obJ.:?ction. 4.8.2 Unless otherwise provided in the Contract Docu- ments: .1 these Jllowances shJl1 cover the cost to the Contractor. less Jnv JppllcJble trade discount. oi the malellals and equipment reqUired bv Ihe Jllowance, delivered Jt the s.te, and all appli- cable taxes; ,2 the Contractor's costs for unloading and han- dling on the site, labor. installation costs, over- head, proilt and other expenses contemplated for the original allowance shall be included in the Contract Sum and not In the allowance; .3 whenever the cost is more or less than the allowance, the Contract Sum shall be adjusled accordingly bv Change Order. the Jmount oi which will recognize changes, ii anv, In han- dling costs on the Site, labor, installation costs. overhead, praiit and other expenses, 4.9 SUPERINTENDENT 4.9.1 The Contractor .,hall emplov J competent supelln- tendent and necessar\' aSSistants who shall be In attend- ance at the Prolect site dUllng the progress oi the \\'ork. The supellntendent shJl1 represent the Contractor and all communications gl\ en to the <upeflnlendent shall be a' btndlng as d given to the Contractor. Important commu- nicatiOns shall be contlrmed In wilting. Other communi- cations ,hJII be '0 confirmed on V\fltlen request In each ose, 4.10 CONTRACTOR'S CONSTRUCTION SCHEDULE 4.10.1 The Contractor immedlatelv .liter being J\'varded the Contract, shJl1 prepare and <ubml! ior the Construc- tion .\-Ianager's Jpproval a Contractor's Construction Schedule ior the \\'orl.. which ,hJIl prOV Ide ior expedl- IIOU' and prJcticable execution 0' the \\ork. Tnl' -ched- ule shall be coordinated hv the (omlructlon \-\,lnal:er ",Ih the PrOlect Con-lruct,on 'l hedule The C.~ntr.]clor ' Construction Schedule -hall be revi,ed as requrred bv the conditions of the Work ind Ihe Project. subject to Ihe Construction Manager's approvil. 4.11 DOCUMENTS AND SAMPLES AT THE SITE 4.11.1 The Conlractor stall milOtalO al the Project site. on a current basis, one record copy of all Drawings. Specifications, Addencb, Change Orders and other Modi- fications, in good order and marked currently 10 record all changes made during construction. and approved Shop Drawings. Product Data and Samples, These shall be available to the Architect and the Construction Manager. The Contractor shall advise the Construcllon Manager on a current basis of all changes in the \\'ork made during construction. 4.12 SHOP DRAWINGS,PRODUCT DATA AND SAMPLES 4.12.1 Shop Drawings are drawmgs, diagrams, schedules and other data specially prepared ior the Work by the Contractor or any Subcontractor, manufacturer, supplier or distributor to illustrate some portIon oi the Work. 4.12.2 Product Data are illustrations, standard schedules. periormance charts, instructions. brochures. diagrams and other information furnished by the Contractor to illustrate a matenal. product or system lor some portion oi the work. 4.12.3 Samples are physical examples \\ hlch dlu,trate malerlals, equipment or worl..man,h,p, J"'d estJbllsh ,tandards bv which the Work Yo dl be ludged. 4.12.4 The Contractor shall prepare. rev leV\, approve Jnd submit through the ConstructIOn Manager, V\ ilh reason- able promptness and in such sequence as to CJuse no de- lav in the Work or in the work oi the Owner or any sepa- rate contractor, all Shop DraWings. Product Data and SJmples reqUired by the Contract Documents, The Con- tractor shall cooperate with the Construction .,,"Ianager in the Construction Manager's coordlOatlon oi the Contrac- tor's Shop Drawings. Product DatJ and Samples with Ihose of other separate contractors. 4.12.5 By preparing, approv 109 and 'ubmlttlng Shop Drawings, Product Data and Samples, the Contractor rep- resents thJI the Contractor has determined and veriiied JIl mJtenals. iield measurements and tleld construction cntena related thereto, or V\ III do ,0 V\ Ith reasonable promptness. and has checked and (llord,nated Ii'll' Inior- mJllOn contained V\ ,thin -uch 'uhmlltal- \\ 111'1 the requrre- ments oi the Work, the Project .1nd th(' ContrJct Docu- ments, 4.12.6 The ContrJctor "hJII not be relieved or 'e'DonSlbd- It V ior anv deViation lrom the reourremenl- ,J[ the Con- tract Documents bv the Architect - ,lppr<J' "i or Shop DrJ\'vlng", Product Data or Sample, und!'r 'L..r:JParagrapn .:'.318. unless the Contractor ha' -pecl!I,,]I;, ''''lormed the ....,ch,tect Jnd Ii'll' Construction ".,"a~er ,n '.vrrtlng oi 'uch deViation at the time oi ,uhm,,,,on .1",ci the ....rchl- tect 1'1,], "Iven v\flllen ,]pprm,]; :., "',. -I1I'C, ( dpv;,]!lon Thp ContrJctor ,hall not be rei'f'V"~ 1'"'''' -l:-pon<lbdil\ lor errnr, or oml~'lons In the ~i~(ln D~.1\\ :n'.:..;., Product n,li,] or 5,lmple' hv the ....rch,le(1 ' ,1I'rrO\,]: .n them 4,12.7 The Contractor ,hall d:rell ','ec:"c J:'('ntlon In Wlltln<: or on rl'-ubml::ed She'D D',", :n~- r. 'riuct DalJ or SJmrics. II') rE'\ I~H~n.. n!hc. '~__:'I ',. "t' '.:r:.:t.~<('c h\ the -\rchllcct t)n orc\ IOU.. '-'uhmlt~J,'" ~l-' DOCL:\H~T A:!OLCl,," . (,~ 'E R.\L C ,Di' I .,~ t d ~:': ,-''..., ',," . (",. "..-:. ,,( c-~ .,-;, CO'STI\LC...IO.........~.A,'.t"GE\H.....T E:)iTiC'" . ;:_.....[ it)8,:; [:~....(), ~ ~9r(j . "';~l \...~~~,(",..... :......qITl"!f nr .";:CHITf(P' ~-~- .....[\\ "nl'to.. '\' ..... ',\ \\ ....-:".".;\-1' ;1 ( .\201 01 - 1980 10 WARNiNG: UOl"censpd photocop'ylng Vlo;a\~s. U S CODYTlght laH'S and 15 Sub!eCI ~~ ~S2: pr-:)s€'r:'...:~'o"" OS/25/93 00750 10 GENERAL CONDITIONS 4.12.8 No portion oi the Work requiring submission of a Shop Dra\\ Ing. Product Data or Sample shall be com- menced until the submittal has been approved by the Architect as pro\ Ided In Subparagraph 2,3,18. All such portions of the Work shall be in accordance with ap- prO\ed submittals. 4.13 USE OF SITE 4.13.1 The Contractor shall conIine operations at the site to areas permitted bv law, ordinances, permits and the Contract Documents, and shall not unreasonably encum- ber the site with any materials or equipment. -1.13.2 The Contractor shall coordinate all of the Contrac- tor's operations with, and secure approval irom, the Con- ,tructlon Manager before using any portIOn of the site, 4.14 CUTTING AND PATCHING OF WORK -1.14.1 The Contractor shall be responsible for all cutting, filling or patching that may be required to complete the Work or to make its se\'eral parts fit together properlv, 4.14.2 The Contractor shall not damage or endanger any portion of the Work or the work of the Owner or any separate contractors bv cutting, patching or otherwise altering any work, or by excavation. The Contractor shall not cut or otherWISe alter the \\ork of the Owner or any -eparate contractor except wllh the written conSE'nt of the 0\\ ner and oi such <ep<<rate contractor. ThE' Contractor ,hall not unreason,lblv Withhold from the O\\ner or an\' ,cparate contractor (omcnt to rutting or othcf\\lse alter- Ing the Work, 4.15 CLEANING UP 4.15.1 The Contractor shall at all times keep the rremlses free trom accumulation of waste materials or rubbish caused by the Contractor's operations, At the completion of the Work, the Contractor shall remo\'e all the Contrac- tor's waste materials and rubbish from and about the Project as well as all the Contractor's tools, construction equipment, machine,,' and 5urplus materials, 4.15.2 If the Contractor fads to clean up at the comple- tion of the Work, the Owner m.1\ do '0 as prO\ Ided in Paragraph 3..1 and the cost thereof <hall be charged to the Contractor. 4.16 CO,\\MUNICATlONS 4.16.1 The Contractor ,h,lll f,)", Jrd all (OClln1c;n,cat,on, to the Owner and the Architect through the Con,:,uctlon "anager. 4.1i ROYALTIES AND PATENTS 4.1i.l The Contractor shall pa\ all ro\'altle, ,Jnd license iees, shall defend all 5UltS or claims tor InJrlngement ot an\' patent rlght5 and 5hall sa\e the Ow ner and the Con- ,tructlon \\anager harmless lrom lo's on account thereof. except that the Owner. or the Construction ,\lana~er a5 the case may be, shall be re5ponslble for all such 1055 \\hen J particular dC5lgn, proce-- or the product ot ,1 par- ticular manulacturer or manufacture", 15 5elected bv such person or such per50n', agent. If the Contr.lctor. or the ConstructIOn ,\lanager JS the CJ<e ma\ be hJs red'on to believe that the deSign. process or product 'elected is an ,nfringement of J patent. that p.lI:\ ,h,lll be re<pon"ble lor 5uch lo<s unie<5 such Information i< pr<1mpth ~I\en to the others and al<o 10 the Architect. 4.18 INDEMNIFICATION 4.18.1 To the fullest extent permitted by law, the Con- tractor shall indemnify and hold harmless the Owner, the -\rch,tect, the Construction Mana!(er, and their agents and employees from and against all claims. damages, losses and expenses, Including, but not limited to, attorneys' fees arising out of or resulling irom the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodd\' inJury, sickness. dis- ease or death, or to injury to or destruction of tangible property lather than the \'Vork 115elfl including the loss of use resulting therefrom, and 12: IS caused In whole or in part bv any negligent act or Om15S10n or Ihe Contractor. anv Subcontractor, anyone directl\ or indirectly employed by any of them or anyone ior \\ hose acts any of them may be liable, regardless of whether or not it is caused In part b\. a party indemnified hereu~der, Such obligation <hall not be construed to negate, abridge or otherwise reduce any other right or obligation oi indemnity which would otherwise exist as to any party or person described In thIS Paragraph 4,18, 4.18.2 In any and all claims agaln5t the Owner, the Archi- tect, the Construction Manager or any of their agents or employees by any employee of the Contractor, any Sub- contractor, an\'one directly or Indlrectlv employed by any of them or anyone for who~e act' am of them may be liable, the indemnification obi Illation under this Para- graph 4,18 shall not be limited In ,lnv wa\ by any limita- tIOn on the amount or t\'pe of damage>, compensation or benellts payable by or for the Contractor or any Sub- contractor under workers' or \\ orkmen's compensation acts, disabrlity benefit acts or other employee benefit acts, 4.18.3 The obligations of the Contractor under this Para- graph 4,18 shall not extend to the liability of the Architect or the Construction Manager, their agents or employees. arising out of (1) the preparation or approval of maps. drawings, opinions, reports. surveys, Change Orders, de- "gns or speCifications, or (2) the gl\ Ing of or the failure to gIve directions or instructions b\ the Architect or the Construction Manager, their agents or employees. pro- vided such giving or fadure to gl\ I' IS the prima,,' cause of the injur\' or damage, ARTICLE .5 SUBCONTRACTORS 5.1 DEFINITION 5.1.1 .-\ Subcontractor I- a per":, ,)C elllllv \\no has a direct contract \\ Ilh the Contracto, to perlorm an\' of the Work at the "te. The term SubcoCltractor means a Sub- contractor or a Subcontractors Ju:hol!zed repre5entati\'e, Thp term Subcontr.lctor doe' not Include ,1nv separate contractor or anv separate contractor', subcontractors, 5.1.2 .-\ Sub-subcontractor 1< a [)l"'On or en tit\' who has a direct or indirect contraCI \\ Ith 'ubcontractor to per- iorm an\' oi the \York .11 the -de The term Sub-subcon- tractor means a Sub-'ubcontr,lct, ,. or ,In ,1Uthorized rep- resentative thereof, 5.2 "-WARDS OF SUBCONTRACTS ,\'0 OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unle" othef\\l<e required 0\ Ihe Contract Docu- 11 A201/CM -1980 ..... (: ,~: {()'<.l i\.l. l J :1..)', ., IA,! . -=: 1980 . 'THE '. \"'1''\,l,1()-''''; n c :."\1_, -\1-\ DOCL'\H'T ..\201 (\1. ~-,:.';~;;:.\~~ L\','!)I~!("'~~ U' ~..~ l (L''')l~\..C,IO' \~-\,-\GE.\'E'T ~DITIO' . JL'< ~~,t c.DIT10'. :,:c \'\. l,qliL IE CF .\RCH1T~Ci~ ~-3; 'l\\ \:""\:::.,,\\ l ".' WARNING: Unlicensed oho1ocooYlng vlOlales U.S. COPYright laws and IS sub\ect to legal Drosecution OS/25/93 11 GENERAL CONDITIONS 00750 ments or the Bidding Documents, the Contractor, as soon as practicable after the award of the Contract, shollll fur- nish to the Construction Manollger in writing for review by the Owner, the Architect and the Construction Man- ager, the names of the persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each of the principal por- tions of the Work. The Construction Manager will promptly reply to the Contractor in writing stating whether or not the Owner, the Architect or the Con- struction Manager, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Construction Manager to reply promptly shall con- stitute notice of no reasonable objection, 5.2.2 The Contractor shall not contract with any such proposed person or entity to whom the Owner, the Ar- chitect or the Construction Manager has made reasonable objection under the provisions of Subparagraph 5.2.1. The Contractor shall not be required to contract with anyone to whom the Contractor has a reasonable objection. 5.2.3 If the Owner, the Architect or the Construction Manager has reasonable objection to any such proposed person or entity, the Contractor shall submit a substitute to whom the Owner, the Architect and the Construction Manager have no reasonable objection, and the Contract Sum shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate Change Order shall be issued; however, no increase in the Contract Sum shall be allowed for any such substitu- tion unless the Contractor has acted promptl\' and re- sponsively in submitting names as required by Subpara- graph 5,2.1. 5.2.4 The Contractor shall make no substitution for any Subcontractor, person or entity previously selected if the Owner, the Architect or the Construction Manager makes reasonable objection to such substitution, 5.3 SUBCONTRACTUAl RELA liONS 5.3.1 By an appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Documents, and to assume to- ward the Contractor all the obligations and responsibili- ties which the Contractor, bv these Documents, assumes toward the Owner, the Architect and the Construction .\\anager, Said agreement shall prese,."e and protect the rights of the Owner, the Architect and the Construction ,\\anager under the Contract Documents With respect to the Work to be periormed b\' the Subcontractor so that the subcontracting thereoi "ill not prejudice such rights, and shall allow to the Subcontractor, unle" specifically provided otherwise 10 the Contractor-Subcontractor Agreement, the beneilt of all rights, remedies and redress against the Contractor that the Contractor, by these Docu- ments, has against the Owner, Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements With their Sub-subcontractors. The Contractor shall make available to each proposed Sub- contractor, prior to the execution of the Subcontract, copies of the Contract Documents to which the Subcon- tractor will be bound by thiS Paragraph :d, and identliv to the Subcontractor an\' terms and conditions or the pro- posed Subcontract which may be .11 variance with the Contract Documents. uch Subcontractor shall similarly make copies of such Documents available to their Sub- subcontractors. ARTICLE 6 WORK BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERfORM WORK AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform work re- lated to the Project WIth Ihe Owner's own forces, and 10 award separate contracts in conneclion wllh olher por- \Ions of the Project or olher wort.. on the site under these or SimIlar Conditions of the Contract. If the Contractor claims that delay, damage or additional cost is involved because of such action by the Owner, the Contractor shall make such claim as prOVIded el:;ewhere in the Contract Documents. 6.1.2 When separate contracts are awarded for different portions of the Project or other work on the site, the term Contractor in the Contract Documents in each case shall mean the Contractor who executes each separate Owner- Contractor Agreement. 6.1.3 The Owner will prO\ide ier the coordination of the work of the Owner's own iorces and of each separate contractor with the \Nork ot the Contractor, who shall cooperate therewith as pro\'lded 10 Paragraph 6,2. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner, the Con- struction Manager and separate contractors reasonable opportunity for the introduction and storage of their ma- terials and equipment and the execution of their work, and shall connect and coordinate the Work with theirs as required by the Contract Documents. 6.2.2 If any part of the Contractor's Work depends for proper execution or results upon the work of the Owner or any separate conlractor, the Contractor shall, prior to proceeding with the Work, promptly report to the Con- struclion Manager any apparent discrepancies or defects in such other work that render It unSUitable for such proper execution and -esults, Fa,:ure oi the Contractor so to report shall constitute an acceptance of the Cwner's or <eparate contractor's \\ork as . : and proper to receive the \\'ork, except as to deiects .'. nlch may subsequently become apparent tn such work b\' others, 6.2.3 Anv costs caused by de'ectl\'e or di-tlmed \\ork shall be borne bv the part\' responSible thereior. 6.2.4 Should the Cor,:ractor v\rc"giull\' CJuse damage to the work or propert\' oi the 0\\ [",er, or to other work or propertv on the Site, the Contractor shall promptly rem- edv such damage as prOVided In Subparagraph 10,2.5, 6.2.5 Should the Contractor w -)ngfully delav or cause d,lmage 10 the \\ork or property ::i anv separate contrac- tor, the Contractor shail, upon c~e notice, promptly at- tempt to settle with such other (:'ntractor b\ agreement. or otherWise to resol\e the d,SDt..:e Ii such separate con- tractor 'ues or :nltiate' an arb:::c: on proceeding agJin<t the Owner on account or .1m c~ 'v or daIT'a~e alleged to ha\e been cau'ed b\ the C~:1t:.'clor, the O\\ner shall "'I" OOCL'ME'T A201;'(M. CE'-lRAl CO"\'DlTtO'S or THE CO.....iR.t..CT rnR (<)....STf.::lc-"T'O'\, CO'iSTRL'C110S .".~'i^GE,"E'" T lD1110'i . IL:SE 1980 lDITIO'< . ^I^~ . 'D 1980 . lHE ^...\lR1C"'..... I'STITL:T( OF A.,RCH:TEC~S 173) 'l\\' Y()r\~ .A.,\ [ ,W_. \\ -\SHI'l~TO""', D C :J~"ll, -\201/C\\ - 1980 12 WAq~~:rJG Unlicensed photocopy:ng viola~es U S. copynghllaws and 15 s;..~!ect to '€':;3: PI"()'Sf'::"';. :- OS/25/93 00750 12 GENERAL CONDITIONS notdv the Contractor who shall defend such proceedings at the Owner's expense. and if any judgment or award a~alnst the Owner arises therefrom, the Conlractor shall pa\ or SJtlSI\ It and ,hall reimburse the 0\\ ner for all ,lttorne\S' fees and court or arbitration costs \\ hich the 0\\ ner has Incurred, 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises between the Contractor and ,eparate contractors as to their responsibility for cleaning up as reqUired bv Paragraph 4,15, the Owner may clean up and charge the cost thereor to the contractors respon- Sible therefor as the Construction ,'-"anager shall deter- mine to be lUSt. ARTiClE 7 MISCELLANEOUS PROVISIONS 7.1 GOVERNING LAW 7.1.1 The Contract shall be governed bv the law oi the place where the Project IS located. 7.2 SUCCESSORS AND ASSIGNS 7.2.1 The Owner and the Contractor. respectl\elv. bind themsel\es, thelf partners, successors, asslgm and legal repre'enlatl\eS to the other part\ hereto and to the part- ners, ,uccessors. assigns and legal representatl\e' ot such other put\ With re,pect to all covenants. agreements and obligations contained In the Contract Documents, ~either part\ to the Contract shall assign the Contract or sublet It as a whole Without the wlltten consent or the other. 7.3 WRITTEN NOTICE 7.3.1 Wrttten notice shall be deemed to have been dul, served If deli\ered in person to the indIvidual or mem- ber or the ilfm or entity or to an ofiicer ot the corpora- tion for whom ,t was Intended, or If delivered at or sent bv registered or certdied mad to the last bUSlne;s .1ddre<s kno\\ n to the party giVing the notice, 7.4 CLAIMS fOR DAMAGES 7.~.1 Should either party to the Contract sutier inJur\' or d.1mage to person or proper!\ because of anv act or om,,- -,on oi the other part\ ur 01 ,In\ 01 the o:!-er part\, emplo\ees. J~e!"lts or other-.:- tlH \\h()~c 1.)((.; ~UCi pJit\ 1:::- 'ecali'. i,able. claim -hall be made In \\ "t:ne to 'ucn other part\ \\lth,n a reasonable time .llier the !:r-l obsel\- .lnce of <uch 1~!UI\ or damage 7.5 PERfOR\iANCE BOND AND lABOR AND MAHRtAl PAYMENT BOND 7.5.1 The O,,\ner ,hall ha\e the light to re,:Ulle the Cuntractor 10 turnlSh bond' co\elln" thl' !,;ilhiui pertorm- ance oi the Contract and the pa\ ment oi ail chl,gatlOn, .Hi'lng thereunder Ii and a' requlled In Ihe B,dd,ng Doc- LJr-e~l< (" Ih(> ("nlract Dc'cument' 7.6 RIGHTS o\ND REMEDIES 7.6,1 Tne dulle, and obllg.ll",n, Impo<ed h\ the Con- r~2(~ D(l(u~('fl:t5 Jno :he '!-..:~t" .lnd rempdle.; ,;', c1::.10:e :i~(H('i.Jnder ~tlai! be In a.rid:l:on In Jnd nnr ,1 ;i;; :.::tlon I,: ,1n\ GuIle... Lb:::Jtlon~ right, .1nd rCmCdl('''' (jt''',e~\\ t"'e !rr,- pO'l'd or .:;..,'''12ble [l\ 1.1\\ 7.6.2 No action or iailure to act bv the Owner, the Ar- chitect. the Construction Manager or the Contractor shall constitute a waiver of any right or dutv afforded any oi Ihem under the Contract, nor ~hail an\' such action or failure to act constitute .10 appro\al oi or acquiescence in any breach thereunder. except as may be specifically agreed in writing. 7.7 TESTS 7.7.1 If the Contract Documents, laws, ordinances. rules. regulatiOns or orders oi any public authofltv haVing jUfls- diction reqUire any portion 01 the Work to be inspected, tested or approved. the Contractor shall give the Architect .lnd the Construction Manager tlmelv notice oi ItS readi- ness so the Architect and the Construction ,\1anager may observe such inspection. tesllng or approval. The Con- tractor shall bear all costs oi such Inspections. tests or approvals conducted by public authorttles. Unless other- \\ ise provided, the Owner shall bear .111 costs of other in- spections. tests or approvals. 7.7.2 Ii the Architect or the Construction Manager deter- mines that any Work requires speCial Inspection, testing or approval which Subparagraph 7,~,1 does not include. the Construction Manager will. upon \\ f1l1en authoriza- tion from the Owner, IOstruct the Contractor to order ouch <peclal inspection. testln~ or approval, and the Con- tr.1ctor ,hall give notice a; pro\ Ided ,n Subparagraph ~,-,1. II 'uch speCial Inspect,on or teqln~ reveal; a lailure oi the \\ork to complv \\Jth the reqUlr(,n1ents or the Con- tract Documents, the Contractor ~hall bear all costs thereoi. Including compensation ior the Archilect's and the Con>tructlon Manager's addllional ,emces made nec- essary bv <uch failure. othem"e the Owner shall bear such costs. and an approprtate Change Order shall be Issued, 7.7.3 Requlfed certlilcates or inspection, testing or ap- prm'al ,hall be secured by the Contractor and the Con- tractor shall promptlv deli\'er them to the Con>truct,on ,\\anager lor transmittal to the "-rch,tect. 7.7.4 If the Architect or the Construction Manager wishes to obser\'e the inspections. tests or appro\als reqUired b\ the Contract Documents, thc\' \\111 do ,0 promptl\' and. \\'here practicable, at the SOIHce or 'upplv 7.8 INTEREST i.8.1 P,l\ments due .ind unp~lC: undl" ,'w C"n!r.let DClC- uments ,hall bear mlerest Irom 11ll' d.lte p.n ml'nt IS due at <uch late .1S the parties m.w agree upon In 'o\rrtln~ or, in the ,1bsence lhC'~eoT, ~1( 1;'(' _l'~.ll ~,i:(, !Vt,.'\.1J:lng at th€' place 01 the Prolect 7.9 ARBIlRATlON 7.9.1 All claim,. dl>pUleS anc IItl1er n1.llll'" ,n que'i:on between the Contractor and the' 0\\ ner a""n,: out of or re!atln~ to the Contract Document' ()r the iJre'.1ch thereoi, e\cept .1' prO\lded ,n '-ubp.".l~r.1ph ~ ,J 1-1 '.\Ilh re'pee: to the "-rch,tect < decl',on~ pn mJller' relatmg to .1Itl't:c f'ri"0Ct. Jnd except ior c]Jlm... \\'~r(h h,1\(" heen \\,)I\PC c'. tn" n1akln~ or acceptance 01 "n,,1 pa\n1cnt .1' prc''.ldl'C h\ SUbp.HJ~r,lpt!' q l)"'; :hrt'U":" 'Ill I' :n( !U"I\P J,,:.:!: be ~('Ctded 8\ ,Hbr!r.l:!cn :n Jt.... '.c!.1n((' "\i!~": ~r.(' (()n...trLC- !It)n jr.~~..tf\ .-\r:JltrJtllJn RU!tL.. I It Ine \mp~I(Jn -\rh:t~J- tlon ,-\.:.c,nClatlon then obta:nrn'...: '.Jnle.." rr-e nartie::. mu!uJ;i\ 13 A201lC\1 - 1980 ,;.\ DOCL\~('T .\101 eM' ,~".:;':\. CI ',r"\ - (',.' '\., ,\ "'i -','--:-;;:LC-:C', "~"\'';(:E\I[,. :Ol-IO\" . ~00: ~:,-:c!, \:.\~' _ 19E;] .r-~ ~:'l\'. "-.~- .'. ";- I-r ',,,(-,- \ .. .'., '.['.:. .:.-..:'. .'_ '.~<"'.' - '. :' < '-"" \'iARNI~~G: Unlicensed photocopy:ng viOlates U_S ccpynghllaws and IS subject to le;:al prosecL;tJon OS/25/93 13 GENERAL CONDITIONS 00750 agree otherwise. No arbitration .losing out of or relating to the Contract Documents shall include. by consolida- tion, joinder or in any other manner. the Architect, the C)n<lructlon \\ana~cr, t~elt cmplo\ee~ or. consultants except by written consent conlainlng a specl!ic relerence to the Owner-Contractor Agreement and signed by the Architect. the Construction Manager. the Owner, the Contractor and any other person sought to be joined. No arbitration shall include by consolidation, jotnder or in any other manner, parties other than the Owner, the Contractor and any other persons substantially inyolyed In a common question oi fact or law, whose presence is required if complete relief is to be accorded in the arbi- tration. No person other than the Owner or the Contrac- tor shall be included as an origmal third party or addi- tional third party to an arbitration whose interest or re- sponsibility is insubstantial. Any consent to arbitration involving an additional person or persons shall not con- stitute consent to arbitration of any dispute not described therein or with any person not named or described therein, The foregoing ag.reement to arbitrate and any other agreement to arbitrate WIth an additional person or persons duly consented to by the parties to the Owner- Contractor Agreement ~hall be ~peciiically enforceable under the prevailing arbitration law, The award rendered bv the arbitrators shall be itnal. and judgment mav be en- tered upon it In accordance \\ Ith applicable law in .1nv court haVing Jumdictlon there(11 7.9.2 ~otlce oi the demand tor arbilr.1l10n ,hall be iiled In writing With the other party to the Owner-Contractor Agreement and with the American Arbitration Associa- tion, and a copy shall be filed \\ Ith the Architect and the Construction Manager. The demand for arbitration ,hall be made wlthtn the time limits specified in Subparagraph 2,315 where applicable, and in all other cases within a reasonable time .liter the claim, dispute or other matter In question has aflSen; and in no event shall it be made after the date when institution of legal or equitable pro- ceedin"s based on ~uch claim, dispute or other matter in question would be barred by the applicable <tatute of limitatiOns. 7.9.3 Unless other\\l,e agreed In wrltln". Ihe Contractor ,hall carrv on Ihe Work and malOtalO Ih progre,s durlO" .1m' arbitration proceedln"s, and the Owner ,hall con- Ilnue 10 make pavment- to the Contr.lltor In Mcmd.lnce ",th !he Contr.lct Do(umenh. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 tnl(h'- ,):h(.r',\ ~,) ;-,r(-.\.~,H~ I"f' ('r~~:1.C: ;:(' :"" ;'i";\l(j "r' "', ,: Sub,tJnllJl Cumpictl\Jn (11 the \\ ~)r" J' UC!lnt:O in )uo- paragraph 8,1.3. includln" authOflled ad\ustments thereto, 8.1.2 The date oi commencpment 01 :!'-,e \\ork I' the date e<tabllshed in a nO:lce to proceed 11 there I~ no no. tlce 10 proceed. It <hall he <uch other d.lte a' mav be e5labll>hed 10 the O"ner-Contr.lc\or ..1,~reement or el,e' ,\ hE?rC' In !he Contr~l(1 nncunH~n~..; 8.1.3 The Date 01 Suh':,;nt!.'i Cumpl('!i0n at th(' \\ork \,lr de<;'l~nated portIon :i"'ercili j.. :!~e O~lt(' (erll~jed b\ tr~c ",rchlle'ct "hen construction I' -ulllc,ent!\ complete. In accordance With the Contract Documents, SO that the Owner or separate contracto;s Cdn occupy or utilize the Work or a designated portIOn thereof I'br the use for .\1,,, h :t I' ',,:ended, 8.1.4 The Date oi Sub.tdnl1.li Cumpletlon of the Project or design.lted portion thereot IS the Date cerl1fiE'd by the Architect when construction IS sutficlentlv complete 50 the Owner can occupy or utilize the ProJect or designated portion thereof for the use lor which It w.lS intended. 8.1.5 The term day as used in the Contract Documents shall mean calendar day unless ,peclllcall\' desiRnaled otherWise. 8.2 PROGRESS AND COMPLETION 8.2.1 All time Itmlts stated 10 the Contract Documents .He at the essence 01 the Contract. 8.2.2 The Contractor shall be~1O the Work on the date ot commencement a, defined I'n Subparagraph 8,1.2, The Contractor shall carr\' the Work forward expeditiously With adequate forces and shall achieve Sub~tantlal Com- pletion oi the Work Within the Contract Time 8.3 DHA'I'S AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at anv time in the progress 01 the Work by .1nv act or neglect 0\ the 0" ner, the Archliecl. the Con<tructlon \tanager. an\' oi their em- plu\ees, any 'eparate contr.lctl)f empio\ed b\ the O"ner ur b\ chan"es ordered ,n the \\ork, labor disputes, iire. unusuJI del.w 10 Iran,portatlof1 .Id, ef'e "L'ather condl- liOns not reasonably antlCipatable, una\old.1ble casualties, anv causes beyond the Contractor', control. delay author- Ized by the Owner pendin" .Hbitratlon, or bv any other cause Whllh the Construction .\\ana~er determine' mav Justify the delay. then the Contract Time ,hall be ex. tended by Change Order for SIKh rea,on.lble time .IS the Construction \\ana~er mol\' determlOe 8.3.2 Any claim ior extemlon oi lime ,hall be made 10 ""tlO" to the Con<;truction .\\.In.l~er not more than lwent~ da\s ailer the commenlement ur the dela\'. other. wise It shall be waived, In the case 01 .1 ((lntlnulOg dela\ l)nly one claim IS nece~sary. Th(' Conlr.1Ctor <hall pro\'ide e1l1 e,t,mate oi the probable e!lect ot 'uch dela\' on Ih" pru~re" ui the \\'ork. 8.3.3 IT no ..H~reeme:l: '... 111,1\.1..' "':t.tlnl.:, the dd.te" up()n "",ch :nterpre-tJtlor., :" pro\ 10"d :n ~uhp,If.1\:r.lph ~ 1 ,1 -11,,11 bl' iurnl,hed '~en nd ,:,,'01 ,or de:.l\ -h.lll 1)(' .11Io\\ed on account 'Jl 1.)llufl' '" ,urn"h -ucn Inter,)r('!.l- 'Ion" untd tlfteen r!.l\:' ..liter '.\ '!llpn ff>que"t 1<, m<lcif' tCH ~"L'm .1nd nnt th('..,_~:e" ,.:r" ~ - fl',''''r1,lhlp 8.3.4 T1'1'- P,Ha~rac~ 83 ril'e... '](J: ,"eiude the reCO\(-f\ ,r ~,~fl],l.:'.r'" ",r ~(!. ", (;.-" ' '" r, ~ :--' r ' p"". . ARTICLE 9 PAYME!\TS AND CO,\~PlETIO:"ll 9.1 CO,,"TRACT SL'\\ Q.l.1 l:,:t.' C()nljj(~ ~'..;m I.... "':.:it'<1 In :nc- O\\ner.(l)nlr.1C- :1-'[ -\~rt't'r"":i"~! .:i'C ~ciuc:,"'':' "'('reln .. :'"':e :O~.:i ~ ~(.''...;nt :" CuntrJltt" llir "":(' ~'.-",_ rrr"l"...., I' C' )ntrJC~ f}1 'cume~'." ;:r'l)'::l'r. 'Jd!\.l.;.trp'_'~1c I)' (;.,\np~ ~(' 'r,," 'ne \\ '.... unC1er .....(, .\1" DOCl'\E,'-tT A~Ol(M. : ',:,-\L C::'~}ll\\J'~'::' F -......; c\~:.,,'R\(; ;, '- ( ,-,." (0'\51RLC1:0' ,,-\',-\CL'.\E.',r :C1TiO'- . iL 'L ~Cl-,"1 (CIllO' . -\l:\a - : ;:J:'c' 1'.li ~!(.., !'\,',!iTL It: Ol \;";C'1""'rr--,, ~-~- . " '.';.:, -\" '- '.\ .'. ''-;i':'.,'' '"" ,; (~( ", . "7 r-' ~ 14 .\201 C\~ - 1980 WARNING. U,..i'hcensed photocopying 'w'IQlales US. CO:-'.rlgnt lav.'S an.:: 15 sUClec €";di pro5ecu!IO~, OS/25/93 00750 GENERAL CONDITIONS 14 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Con- tractor shall <ubmlt to the Con5lruction .\\anager a <chedule of values allocated to the \ arlous portions of the Work. prepared In such form and supported bv such data 10 substantiate Its accuracv as the Architect and the Con- struction .'I.1anal;er may require. This schedule. unless oblected to by the Con<truction Manager or the Architect. <h.lll be used onlv as a basis ior the Contractor'< Applica- tions for Payment, 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least tlfteen days before the date ior each progress pa\ ment established in the Owner-Contractor Agreement. the Contractor shall submit to the Construc- tion M,lnager an itemIzed Application ior Payment. notar- Iled Ii reqUired. supported bv such dala substantiating the Contractor's [lght to payment as the Owner. the Ar- chitect or the Construction Manager may require. and re- tlecting retalnage, ii anv, as provided elsewhere in the Contract Documents. The Construction Manager w1l1 as- ,emble the Application with similar applications from other contractors on the Project into a combined Project Application tor Payment and forward It With recommen- dations to the Arch,tect Within seven davs, 9.3.2 L'nle<s otherWISe prO\ ided in the Contract Docu- ments. pal ments "ill be made on account of materials or equipment not Incorporated 10 the Work but delivered and <ultablv' stored at the Site and. ii approved in advance by the Owner, payments may Similarly be made for mate- rials or equipment suitably stored at some other loca- lion agreed upon In \\riting. Payments ior materials or equipment stored on or off the site shall be conditioned upon submiSSion by the Contractor of bills of sale or <uch other procedu;e< satistactorv to the Owner to estab- lish the Owner's title to such materials or equipment or otherWise protect the Owner's interest, including applica- ble Insurance and transportation to the site ior those materials and equipment ,tored off the Site, 9.3.3 The Contractor warrants that title to all Work, materials .1Od equipment CO\ ered by an Application for Payment will pass to the O\\ner either by incorporation In the constructIOn or upon receipt oi payment bv the Lllntr,lctor \\hlche\er occur< '''-!. Iree and ciear of all 'Ien.., c!Jlm.., .:..eC.Hil\ inl~rC5-!" or l'n(umbr~lnce.;, hereln- ,dll'r rt'rerrea :n In thiS -\rtlc:e q .1, I:en,' a~d that nn \\ Of\.., materla:- or equipment CO\ ered b\ an Appiicatlon 'or Pal'ment \\lii have been dcqulled bv the Contractor ,][ h\ "m other per-on pertormtn~ \\'or~ .11 the -,te or :urn"hm~ materials and equipment tor the Prolect, sub- "'ct to .10 .1~reement under \\ nlch .1n tnterest t~MelO or ,'l l'rcL;'!;h,.:....(e :~('''C(ln .... 'e'.: rPr1 ~)\ :hC' .;:eI1(1" '1r olh. I."\"j-.(' !fl~tl()"'l.,J b\ the' Cnr:tr,1c:(lr ,Jr ...U(!l nlner ::cr-.nn 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will. wlthtn <even da\s arter the re- ceipt oi the PrOject Application tor P.1\ment With the rec- ommendations oi the Con,tructlon ,'I.\,1Oa~er, rev Ie\\' the Protect Application ior f'a\ ment and eithe; Issue a Project CertlltCate i,'r Pa\ment to the O\\ner I\ilh a COP\ to the Conq'uctlon \\anager for OI;t"butlOn to the Cr<ntractor lor 'uch .1mount\ as the Architect determines are prop- e,1v due. or ~ctli\ the Construction M.1na~er In "rlting of the reasons for withholding a CertIficate as provided in Subparagraph 9.6.1. Such notification will be forwarded to the Contractor bv the Construction 'I.1anager. 9.4.2 The Issuance oi .1 Pro l'C: C,,'tii'cJte for Payment will constitute a represer:tal:on l)\ the Architect to the Owner that. based on the Archllec!'s observations at the site as provided in Subparagraph 2.3'; and the data com- pnstng the Project Application for Pa\ ment. the Work has progressed to the point indicated: that. to the best of the Architect's knowledge. iniormatlon and belief. the quality of the Work is in accordance \\lth the Contract Docu- ments (subject to an eyalual10n ot the Work lor conform- ance wllh the Contract Documents upon Substantial Completion oi the Work_ to the resuits of anv subsequent tests required by or performed under the Contract Docu- ments. to minor deviation; irom the Contract Documents correctable prior to completIon, .lnd to am -pecliic quali- fications stated in the Certificate: and that the Contrac- tor IS entitled to payment in the amount certified. How- ever, by issuing a Project Certificate for Pa\"ment. the Ar- chitect shall not thereby be deemed to represent that the Architect has made exhaustl\e or continuous on-site in- spections to check the qualitv or quantil\ oi the Work, has reviewed the const'uct,on mean". methods, tech- niques, sequences or procedures. or has made an\" exam- ination to ascertain how 0' lOr \\ h.lt aurpo-e the Contrac- tor has used the monies p'e\ lou-i\ p.;:d on account of the Contract Sum, 9.5 PROGRESS PAYMENTS 9.5.1 ."iter the Architect has I<\ued a Project Certificate for Payment, the Owner shall make pa\ment In the man- ner and WIthin the time prO\' Ided In the Contract Docu- ments. 9.5.2 The Contractor shall prompt'\' pav each Subcon- tractor upon receIpt of 1=':\ ment 1rom the O\\ner, out of the amount paid to the Contractor on account of such Subcontractor's Work. the amoun1 10 \\ hich said Subcon- tractor IS entitled, rellect!ng the p,,'centage actually re- tamed, if any, from pa\oment< to the Contractor on ac- count oi such Subcontractor _ Work, The Contractor shall, bv an appropriate agreempnt IV Ith e.lch Subcontractor, requlle each Subcontracor tl' make pa\ ments to their Sub-subcontractors m -1["" :"r rn,l~l'le' 9.5.3 The Architect m-".. (,'1 rl'~:~~-I and at the Arch,- IE'ct, discretion. iurnlsh :(' .en\ ',,;'((lnl'J(lor. It prac- ticable, tniormatlon reg.Hdln~ IIC,' :;crcent~;:e, ot com- pletion or the amounts J:JDi,ed i'1r 0\ the Contractor and Ihe action ta\..en thereor ::'\ Ii'll ""(~.tec' ~ "ccount ot \\ork done b\ such SubCCl'ltr,l( to' 9.5.4 'either fhe O\\ne' .~<:' ...'~.':.',~f nor '~I' Conqruc- :L\ln \t1ncll.::.cr ~hJ!1 hJ\E' ,"-. .": ~l' ;' " :1) ~t'C' to :he p,]\ment 01 am mu- -.> ' '"Ill 0":.," ;", C\c{'pt ,1> mav other\\ise be reQl.:,~ed b\ 1.1\\ 9.5.5 -':0 certification 0' ,1 p'o~'e'- 0,]\ merl anv prog- res; pa\ment. or an\' p.:':;a: ,)f {'I'lL'l' u-e (Y occupanc\' ot the Pro/ect by the 0\\ Cler. ,;",:: con-lltute an accept- ,lncl' (II ,1nV \\ork not ,~ .1(((I";,'~rt' \\ Ih :~.e Contract Documents, 9.6 PA YMEr,aS WITHHElD 9.6.1 The Architect. ic :0\\ :n~ (O~-Ult.1toCl \\Ith the Construction .'I.1ana~er. -2\ GCUlnp 10 cerl::\ pa\'me'1t 15 A201/C'>1- 1960 .\I~ DOCl:ViE'\T .\101 C\i . c.~ "\,U;:.\,L CI)'C:::.""".... -,v;;:~ (1:", C,:'~Tf\LCTlO'\, \1A~AC[....~E....T (01110..... . ;L'~ -~:: ~='''' c..... At-\!. -::: 1980 . THE ',"~~I\.\' 1'''iI1L TE Of .\f\C;...;I'tCT~ '-1i 'E\\' >,c:. " ~'-H~" .'''..... [) C :'CW''-'.f, WARNING: Unlicensed photOCOPYing Violates U.S. copyright la...."S and IS subject to leg..:: : -:5E'~UU:l"" OS/25/93 15 GENERAL CONDITIONS 00750 and mav withhold the Certificate in whole or in part to the extent necessary to reasonably protect the Owner, Ii, ,n the Architect's opinion. the Arch,tect is unable to mal.e repre,entallOnS \0 the Owner as provided in Subpara- graph 9.4.2. If the :"rch,tect IS unable to make representa- \Ions to the Ov.ner as provided in Subparagraph 9.4.2, and to certliy pa,ment in the amount of the Project Ap- plication. the Architect will nOllfy the Construction Man- ager as prOVIded in Subparagraph 9.4,1, If the Contractor and the Architect cannot agree on a revised amount. the ArchItect will promptly issue a Project Certificate ior Pav- ment tor the amount ior which the Architect IS able to make >uch representations to the Owner. The Architect may also decline to certify payment or. because of subse- quentl, discovered evidence or subsequent observations, the .."rch'lect may nullifv the whole or anv part oi aO\ ProleCt Certificate ior Payment prevlousl, issued to ,uch extent as may be necessary. In the Architect's opinion, to protect the Owner from loss because oi: .1 defectIve Work not remedied; .2 lhird party claims filed or reasonable evidence in- dICating probable illlng of such claims; .3 iailure oi the Conlractor to make pa,ments prop- erlv 10 Subcontractors, or ior labor, mateflals or equipment: A reasonable eVidence that the Work cannot be com- pleted for the unpaid balance oi the Contract Sum. .5 dama~e to the Owner or another contractor' .6 reasonable evidence that the Work will not be completed Within the Contract Time; or .. persistent tailure to carry out the Work in accord- ance With the Contract Documents 9.6.2 When the grounds in Subparagraph 96,1 above are removed. payment shall be made for amounts With- held because oi them, 9.7 FAILURE OF PAYMENT 9.7.1 If the Construction Manager should fall to Issue recommendations within seven days of receipt of the Contractor's AppltcatlOn for Payment. or if. through no fault of the Contractor, the Architect does not Issue a Project Certificate for Pavment Within 'even days after the Architect's receipt of the Prolect Application for Pa\- ment. or If the O\\ner does not pav the Contractor Within -even days atter the date established In tne Contuct Doc- uments any amount certified by the Architect or awarded bv arbItratIOn, then the Contractor mav, upon seven addi- tional davs' \\ ntten notice to the 0\\ ner, the Architect Jnd the ConstructiOn Mana"er, >top the \\'ork until pav. ment oi the amount oWln" has been recel\'ed. The Con- tract Sum shall be Increased bv the amount of the Con- tracto's reasonable costs of ,hut-down delav and start- up, \\ hlch shall be effected bv appropllate Change Order ,n accordance .....,th Para~raph 12,3. 9.8 SUBST ANTlAl COMPLETION 9.8.1 When the Contractor comlders that the Work, or a deSignated portion thereof which IS acceptable to the Owner. IS ,ubstantlallv complete as detlOed In Subpara- paph 81.3, the Contractor -hall prepare tor the Comtruc- lion '\anager a !ist of Items to be completed or cor- rected. The iatlure to ,nclude any tiems on such list does not alter the responsIbility oj the Contractor to complete all Work in accordance with the Contract Documents. When the Architect, on the baSIS oj InspeChon and con- ,ultatlon With the ConstructIon \.I.1n.l,;e~ determInes that the ","ork or deSIgnated portion thereot IS ,ubstantlallv complete. the Architect w,lI then prepMe a Certiiicate oi Substantial Completion of the Work \\h,ch shall establish the Date oi Substantial Completion 01 Ihe Work. shall state the responSibilities oi the Owner and the Contractor ior security. maintenance. heat. ullllhes. damage to the Work and insurance, and shall tix the time Within which the Contractor shall complete the Items II-ted therelO, The Certlllcate of Substanllal Completion ot the Work ,hall be ,ubmllled to the 0\\ ner .Ind the Contractor for the" WII\ten acceptance oi the re,pom.bil,tles assigned to them In such CertIfIcate, 9.8.2 Upon Substantial Completion 01 the \\ ark or de<ig- nated portion thereof. and upon .1pplication bv the Con- tractor and certification by the ArchItect. the 0\\ ner shall make payment. reflecting adlustment ,n retalOage. If any, ior such Work or portion thereof as prOVIded in the Con- tract Documents. 9.8.3 When the Architect. on the b.,-i< of lO,pections, determlOes that the Prolect or deSl~nated portion thereof IS substantially complete, the Architect \\ ItI then prepare .1 CertifIcate oi Substantial C"mpiet!()O nl t'1e ProleCt \\ hlch <hall establish the D.lte 0' Sub<l.1ntla: Completion ot the Project and fiX the time \\ Ith,n \\ hlcn the Contrac- tor ,hall complete am uncompletec tlem- "., the Certll. ledte oi Substantial Completion ,ll the Work 9.8.4 Warranties required bv the Contract Documents ,hall commence on the Date of <;ub<tantial Completion of Ihe Prolect or designated portion thereoi unle<s other- wise provided in the Certificate of Substantial Comple- tion of the Work or designated portion thereof. 9.9 FINAL COMPLETION AND FINAL PAYMENT 9.9.1 Following the Architect', ",l;ance of the Certillcate of Substantial Completion of the \\ ork or deSignated par- lion thereof, and the Contractor', completion of the \\ork, the Contractor shall ior\\ ard \0 the Construction '1anager a wrillen notice that the \\ork " 'eadv for flOal Inspection and acceptance, and ,hail al,o 'ol\\ard to the Construction Manager a 110.\1 ,ApplllJtlon ior Pa\ menl. L'pon receipt. the Construct'un ".lnJ~e' \\ tll make lhe nece,sarv evaluations and iomard recom",endations to the Architect who wlil prompti\ make <l;ch I""pectlon, \\!hen the ArchItect IInds the Work acceptable under the Contract Document< .,..,d tr-e Con~'Jct full, per- iormed, the Archltect.\"1 I-,ue J ?'oleC' Ce'lillcale tor Pavment which will approve the 'nJi p,;,.,.-ent due the ContractOr. This appro\al wtll UJn,tltute J 'epre,entatlon thaI. to the best of the Architect' kno\\ ledge informa- tion and beltei, and on the bas,s G~ obsef\atlon, and 10- -pecltOns, the Work has been completed ,n accordance With the Terms and Condition' ()I the Contract Dncu- ments and that the entlle balance iound to be due the Contractor, and noted In said Certdlcate 1< due and pav- able. The Architect', appro\ alai '.lId Pro;ect Certificate for Payment w"l comtltute 3 iur\~er reore,entallon that the conditiom precedent 10 the (,)ntraCor < be,n!, en- 1Illed to flOal payment J' ,(', for:r ,n Sub:JJragraph q 9.2 have been fult"led "A OOCUM[~ T A101/CM . (,[ 'E !\.).,L (0',[11 T II.Y'''~ ()F H..;~ CO.... T;:: -!o.C~ ;;()~ C0'.,,') ~ ~L CliO' CO'STRLJCTlOS ,....1A~AC[.\\[Sl EDITION . IV'"E 1<)80 E.OlT10S e.\,:A-!, . \01980 . THE ""\:i\1(A....... 1,QI:LH ()F \RCHllf.Cl'-. 1:-1; '-l\\ 'I .R~ ~\t .... \\ ,,', J..,SHI'CTO..... 0 C.:()OC\tJ A201/CM - 1980 16 WARNING: Unlicenseo pholOccoy,r.g .....lola~eS U.S. COPYright 1aw5 and IS swbiec! tc ~gal pr-osecu~c'"l OS/25/93 00750 16 GENERAL CONDITIONS 9.9.2 Neither the final payment nor the remaining retain- age shall become due until the Contractor submits to the Architect, through the Construction Manager, (1) an affi- davit that all pavrolls, bills for malenals and equipment. and other Indebtedness connected With the Work for which the Owner or the Owner's property might in any way be responsible. have been paid or otherwise satis- fied. 12) consent of surety. If any. to final payment. and (31 if reqUired by the Owner. other data establishing pay- ment or satisfaction of all such obligations. such as re- ceipts. releases and waivers of liens arising out of the Contract, to the extent and in such form as may be desig- nated bv the Owner. If anI' Subcontractor refuses to fur- nish a release or waiver required by the Owner, the Con- tractor may furnish a bond satisfactory to the Owner to indemnify the Owner against any such lien, If any such lien remains unsatisfied after all pavments are made, the Contractor shall refund to the Owner all monies that the latter may be compelled to pay in discharging such lien. including all costs and reasonable attorneys' fees. 9.9.3 If. after Substantial Completion of the Work. final completion thereof is materially delayed through no fault of the Contractor or by the Issuance of Change Orders affecting final completion. and the Construction Manager so confirms. the Owner shall. upon application by the Contractor and cert.ticatlon bv the Architect and without terminating the Contract. make payment of the balance due for that portion of the Work tullv completed and accepted, If the remaln,"g balance for Work not fullv completed or corrected is less than the retainage stipu- lated in the Contract Documents, and if bonds have been furnished as provided in Paragraph 75, the written con- sent of the surety to the payment of the balance due for that porllon of the Work fully completed and accepted shall be submitted by the Contractor to the Construction Manager prtor to certification of such payment. Such pay- ment shall be made under the Terms and Conditions gov- ern'"g final payments, except that It shall not constitute a waIver of claims, 9.9.4 The making of final payment shall, after the Date of Substantial Completion of the Project. constitute a wall'er of all claims bv the Owner except those arisint: from' .1 un'ellled liens, ,2 laultl' or defective Work appearing arter Substan- 11.11 Complelion of the Work; .3 failure of the Work to comply With the require- ments OT the Contract Documents: or .4 terms of anI' special warranties reqUired by the Contract Documents, 9.9.5 The acceptance of ilnal payment shall, after the Date or Substantial Completion of the PrOJect. constitute a waiver of all claims by the Contractor except those prev IOU sly made In w"t'"g and Identdled bl' the Contrac- tor as unsettled at the time or the Ilnal ApplicatIOn for Payment. 9.9.6 ,-'III prOVISIons of thiS A~reement, Including With- out limitation those establlSh,"g obligatIOns and proce- dures, ,hall remain In lull iorce and enect notWIthstand- Ing the makIng or acceptance of rinal pa\ment prIor to the Date at Substantial Completion oi the ProJect. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFffi PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responSible for inJIlating, maintaining and supervising all saiety precautions and programs in connectIon with the Work, 10.2 SAFffi OF PERSONS AND PROPERTY 10.2.1 The Contractor shall lake all reasonable precau- tions for the safely of. and shall prOVIde all reasonable protectIOn to prevent damage, inJUry or loss to: .1 all employees on the Work and .11/ other persons who may be affected therebv; .2 all the Work and all materials and equIpment to be incorporated therein. whether in storage on or on the SIll', under the care, custody or control ot the Contractor or any of the Contractor's Subcon- tractors or Sub-subcontractors; .3 other property at the sIte or adjacent thereto. in- cluding trees, shrubs, lawns, walks. pav'ements. roadways. structures and utilities not designated for removal. relocation or replacement in the course of construction; and .4 the work of the Owner or other separate contrac- tors, 10.2.2 The Contractor shall glle all notices .md complv 1\ Ith all applicable laws. ordinances. rules, regulatIOns and 1.1\\ ful orders of any publIC duthorlty bearing on the safety oi persons or property or their protectron from ddmage. injury or loss. 10.2.3 The Contractor shall erect and maintain, .IS reo quired by eXisting conditions and the progress of the Work. .11/ reasonable safeguards for safetl' and protection. ,"cludlng posting danger signs and other warnings against hazards. promulgating safety regulatIOns and notifying owners and users of adjacent utdllles. 10.2.4 When the use or storage of explOSives or other hazardous malenals or equipment IS necessary for the execution of the Work. the Contractor shall exerCise the utmost care and shall carry on ~uch activities under the 'UpefllSlon of properly qualified personnel. 10.2.5 The Contractor shall promptlv remedv all damage or loss :other than damage or los, Insured uncier Para- graph 1131 to anI' propertv referred to '" Clauses 102.1.2 and 102,1.3 caused In whole or In part by the Contrac- lor, any Subcontractor, any Sub-,ubcontractor, an-one d,- rectlv or ,"directly emplo\ed bl an\ ot them or b\ an\- one lor whose acts any of them ma\ be :'able, and for which the Contractor IS responSible under Clauses 102,1.2 and 102.1.3, except damage or loss att"butable to the acts or omiSSIons oi the 0\\ nero the Arc h,tect. the Con- -tructlon II.lanager or anyone dlrectlv or ,"direct Iv em. ploved bv anI' of them, or bv am.one lor whose acts anI' or them ma\ be liable, and not ,ltlrd)UIJble to the fault or negligence 01 the Contractor The foregOing obll~a- lion, of the Contractor are In addition to the ConTractor's obligations under Paragraph .j 18 10.2.6 The Contractor ,hall de"gnate a responSible member of the Contractor" or~anllJtlon at the site '.\hose duty ,hall be the pre\enllon 01 aCCident'. Thi' person ,hall be the Contractor, 'uperlntendent unles' 17 A201/CM -1980 .$,14, OOCUM[\jT A201T\i . (~'\,~I(AL '-=:O....OI...:O,S G~ ~~f ( ~.,,~;.::~c~ :,-.: '-0"...;_(....0' ,~OSSTRLCTIO~ ,'tJ.,'~CE\1E'..:- ED:7iO' . ;'...'E ~?8C EDI;-:O' . -\JA.! . s.19&:' . THE \\\fR,(".'.... I'STlTL i[ OF \RCH!ll(''''S :-,:; 'E\\ 'rnl\~ ~\! .~ '.\ \\,\"HI'(,T(), r' C ."o'Y'ih WARNING. Unlicensed photocopying VIolates U.S. copynghlla'HS and is subje<:t to legal prosecutlon. OS/25/93 L GENERAL CONDITIONS 00/50 olher....lse designated by the Contractor In wflting to the Owner and the Construction Manager. 10.2.7 The Contractor shall not load or permit any part of the Work 10 b~ loaded so as to endanger ,Is saiety, 10.3 EMERGENCIES 10.3.1 In any emergencv ariectlng the saiety of persons or property the Conlractor shall act, at the Contractor's discretion. to prevent threatened damage. injury or loss. Any additional compensation or exlension of time claimed by the Contractor on account of emergency work shall be determined as prov,ded m Article 12 for Changes in the Work, ARTICLE 11 INSURANCE 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase and mamtain insur- ance ior protection irom the claims set iorth below which may allse out oi or result irom the Contractor's opera- tions under the Contract. whether such operations be' by the Contractor or by any Subcontractor, or by anvone di- rectly or indirectlv employed by anv ot them. or by any- one tor whose acts anv ot them may be liable: .1 claims under workers' or workmen's compensa- tion, dlsabdltv benellt and other >Imdar emplovee benellt acts, .2 claims tor damages because ot boddy Injur\!, occu- pational sickness or dISease, or death oi the Con- tractor's employees; .3 claims ior damages bee-lUse oi baddy Inlurv, Sick- ness or disease. or death oi any person other than the Contractor's employees; .4 claims for damages msured by usual personal in- jury liabdltv coverage which are sustained (1) by anv person as a result ot an offense directly or ",dlrectlv related to the emplovment ot such per- son bv the Contractor, or 12; by anv other person, .5 claims ior damages, other th.,n to the Work Itself, because at Inlurv to or destruction of tangible property. including loss ot use resulting therefrom: and .6 (Ialms tor damage' becau,e ot buddy Inlurv or death ot any person or property damage arl>lng out 01 the o\\nershlp, maintenance ur use at anv motor yehicle, 11.1.2 The In,urance requlfed b\' Subpar,lgraph ,,1 1 ,hall be \\ rltlen tor not less than an\' limds oi I,aod,t\ specltled In the Contract Documents or requ,red bv law, .., hlcheyer IS greater 11.1.3 The Insurance reqUired bv Subparagraph 11,11 shall Include contractual Ilabddy Insurance applicable to the Contractor's obligations under Paragraph ~ 18, 11.1.4 Certlilcates 01 Insurance acceptable to the O\\ner shall be submitted to the (on-tructlon ,\\anager tor trans- mittal to the Owner prior to commencement at the Work These Certlticales shall conta," a provision that coverages at10rded under the pOI,CIP, 1\111 not be canceled unt" at least thlft\' days prior IV rltten notice ha' been given to the Owner. 11.2 OWNER'S LIABILITY INSURANCf 11.2.1 The Owner shall be respon\lble for purchasing and maintaining Owner'\ liab,lit~' in\urance and, at the Owner's option. mav purchase and maintain insurance lOr protection against claim, \\hlch may artse from operations under the Contract. 11.3 PROPERTY INSURANCf 11.3.1 Unless other.,...i~e proVided. the Owner shall pur- chase and maintain property Insurance upon the entire Work at the site to the full insurable value thereof. This IOsurance shall include the interests of the Owner, the Construction Manager. the Contractor. Subcontractors and Sub-subcontractors In the \York, and shall insure against the perils of fire and extpnded coverage Jnd shall IOclude "all risk" insurance for phYSical loss or damage IOcluding. without duplication oi coverage. theft. van- dalism and malicious mischiei, Ii the Owner does not IOtend to purchase such Insurance tor the full insurable value oi the entire Work. the Owner shall inform the Contractor in Wilting prior to commencement of the \ \ork, The Contractor may then eriect insurance which \\III protect the IOterests of the Contractor. the Contrac- tor's Subcontractors and the Sub-subcontractors jn the Work, and bv appropllate Change Order the cost thereoi ,hall be charged to the Owner, It the Contractor is dam- ,1ged bv ladure ot the Owner 10 purchase or maintain ,uch Imurance and to so notliy the Contractor, then the Owner shall bear all reasonable costs properly altflbuta- ;111' thereto Ii not covered undpr the all fISk IOsurance or otherWise provided in the Contr"ct Documents. the Contractor shall effect and maint.lin ,>,milar property in- ,urancp on portioos ot the Work ,Iored off the site or in Iranslt "hen such portions of the Work are to be in- cluded in an Applicalion tor P.1Vment under Subpara- ;:raph 9,3.2, 11.3.2 The Owner shall purchase and maintain such boder and machinerv insurance .1' m.w be required bv the Contract Documents or bv 1.1\\' ThiS insurance shall Include the Interests oi the Owner. the Construction Man- ager, the Contractor, Subcontractors ,1nd Sub-subcontrac- tor, 10 Ihe Work, 11.3.3 \nv 10" insured under S"bp,H.lgraph 1131 is to be adlusted \\ Ith th' 0\\ ner and m,ldC' pauble to the O\\ner a" t'uslce lor the ''lsurea, a, their !nterests mav ,pr-ear ,ubll'ct to the requirements at an\' applicable llOrtgagee clause ,1nd oi Subparagraph 11.3,8 The Con- tractor shall pa\' each Subcontractor a lust share of any ;rl,urance monle, recel\ed bv the Contr.l(:or and by ap- prOpllate .l~ret>ment, \\rltten I\here legally reqUired tor ,alld,t\ ,hail requ:re eac~ Subcontractor to make pay- menl~ 10 ~hf'lr Sub-..;.ubcon!ractor... in l.,jmd,lf manner. 11.3.4 The Owner shail tde a copy ot all policies ....;ith the Contractor before an e'posure to lo's ma\' occur. 11.3.5 It the Contractor reque,t, In wrltlOg that insur- ance tor risks other than tho,e descllbed In Subpara- "raph, 1 ;31 ,1nd 1132 or other ,peClal hazard" be ,"c1uded In the propertl In'urance poilc\, the Owner 'hail II po,slble, Include ,ucn In'urance and the cost :hereat ,hall be Ol.1rgeO t,~ -he C\)ntr,lctor b, appropriate Change Order. ....IA DOCl;ME...r 4.201 ('A' C.i'-E;':'..I"c" .....01~it......~ ,A T.<!-. (O.....~.;\Ci fOR \...<':"-<~Lcr!\"'l"", CO.....STRL.Cr:C..... ",\.~""'''''Cl''E.""T ECi"!)C..... . i\.......l i9S0 [D'''il0S . A!....'~ . ~':'?C>C . T~:. "...\ER\C.\,.... ;.........;I'iL Tf. c)r \;;::Ct-qTECTS '-j:; "-E\\ 'lORPi..-\\l ..... \\ \\ -\~Hl.....(T-:"'" :' l: :"y~ A201!Co.,\ - 1980 18 WARNING: Unlicensed photOCOpying Y',olates U_S. copynght 1a'HS and IS subl~t to legal prosecutIon OS/25/93 00750 18 GENERAL CONDITIONS 11.3.6 The Owner and the Contractor wai\e all rights agamst (1) each other and the Subcontractors, Sub-sub- contractors, agents and employees of each other, and (2) the Architect. the Construction Manager and separate con- tractors, if any. and their subcontractors. sub-subcontrac- tors. agents a~d employees. for damages caused bv lire or other perds to the extent covered by insurance obtained pursuant to thiS Paragraph 11,3 or any other property In- 'urance applicable to the Work. except such rights as they may have to the proceeds of such msurance held by the Owner as trustee. The foregomg waiver afforded the Architect. the Construction ,'I.ianager, their agents and emplo~ ees shall not extend to the liabilltv imposed by Subparagraph 4.18,3. The Owner or the Contractor. as appropnate. shall require of theA,rchitect. the Construc- tion Manager, separate contractors. Subcontractors and Sub-subcontractors bv appropriate agreements, written ',\ here legallv reqUired for valldltv, simdar \\ al\ ers each :n favor of all other parties enumerated m this Sub- paragraph 11,3.6. 11.3.7 If required In Writing by any party in mterest, the Owner as trustee shall. upon the occurrence of an In- lured loss. give bond for the proper perlormance of the Owner's duties, The Owner shall depolit in a separate account any money so recel\'ed, and shall distribute it In accordance With such agreement as the partie' In Interest may reach, or In accordance With an award b\ arbitration 'n whICh call' the procedure ,hall be as pro\fded In Para- ~raph ~Q If after such 10's no other 'peclal a~reement I' made. replacement of damaged Work ,h,lll be covered by an appropriate Change Order, 11.3.8 The Owner, as trustee, shall have power to adiust .lnd settle any loss With the Insurers unless one of the parties In Interest shall object. In writing Within five days aiter the occurrence oi loss, to the Owner's exercise oi thiS power, and If such objection be made, arbitrators ,hall be chosen as provided in Paragraph 7,9. The 0", ner as trustee ,hall, in that case. make settlement \\ ith the -nsurers In accordance \\Ith the directIOns or such arbi- trators, If distribution of the Insurance proceeds bv arbi- tration is requtred, the arbitrators \\111 direct 'uch dis- tribution, 11.3.9 If the Owner finds It necessary to OCCUPy or use ,1 portIOn or portions at the \\'ork prior to St;o<lantlal Completion thereof 'uch occupancy ,hall not Cl,mmence prIOr to a time mutuallv agreed to b\ the O\\ner .1nd the Contractor and to \\hlch the Insurance companY or com- panies pro\ Iding the property insurance hay e consented h\ endor'ement to the policv or pollcle' Thi' in'urance ,hall not be canceled or laosed ()n account or 'uch partial occupancy. Consent of the Contractor and at the Insur- ance company or companies to 'uch occupancy or u'e ,hall not be unreasonabl\ Withheld 11.4 lOSS OF USE INSURANCE 11.4.1 The 0\\ nero at the O\\ner s option may purcha,e and malntatn Insurance ior protection against 10<< oi use of the Owner's property due to fire or other hazards, however caused, The O\\ner \\alves all fights of action against the Contractor for loss of use of the Owner" p~opertv, tneluding consequential losses due to life or other hazards hO\H'ver caused, to the extent COy ered bv In,urance under thiS Paragraph 114. ARTICLE 12 CHANGES IN THE WORK 12.1 CHANGE ORDERS 12.1.1 ,-\ Change Order IS J \Hlllen order to the Con- tractor "gned to show Ihe recummendalion of the Con- structIOn Manager, the approval oi the Architect and the authonzatlon oi the Owner, Issued after execution of the Contract. authorizing a change in Ihe Work or an adjust- ment In the Contract Sum or the Contract Time. The Contract Sum and the Contract Time may be changed only by Change Order. A Change Order SIgned by the Contractor indicates the Contractor's agreement there- \\ Ith, Includtng the adjustment tn the Contract Sum or the Contract Time. 12.1.2 The Owner, Without mvalidatlng the Contract, Olav order changes tn the Work withtn the general scope Of the Contract conslsttng of additions. deletions or other reVISions, the Contract Sum and the Contract Time being adjusted accordingly, All such changes In the Work shall be authonzed bv Change Order, .lnd shall be performed under the applicable conditions oi the Conlract Docu- ments, 12.1.3 The cost or credit 10 the Owner resulting from a change In the Work shall be determined in one or more 111 the iollowlng ways: .1 by' mutual acceptance 01 a lump sum properly Itemized and supported h\ 'ulllc'cnt substantiattng data to permit evaluation, .2 by untt prices slJted in the Contract Documents or subsequently agreed upon; .3 bv cost to be determtned in a manner agreed upon by the parties and a mutuallv acceptable iixed or percentage fee; or .4 bv the method provided In Subparagraph 12.1.4. 12.1.4 Ii none of the methods set forth in Clauses 12,13,1, 12,1,3,2 or 12.1.3.3 IS agreed upon, the Contrac- tor, prOVided a wrillen order signed bv the O\\ner is re- cel\'ed, shall promptly proceed with the Work involved. The cost 01 such Work shall then be determined by the -\rchltec!. .liter consultation \\ Ith the Construction Man- .1ger, on the baSIS or the reasonable expenditures and '.1\ In~S or those perlOrmll1~ the \\'or~ Jttnbutable to the eh,lnse, Including, In the case at an Increase in the Con- :r.1CI Sum, a reasonable allo\\ance ior overhead and protl!. In such case, and alsu under Clauses 12.1,3.3 and '2134 above, the Contractor shall keep and present, in 'ucn lo.m .1' t!w 0\\ nero the '\rChllecl or the Construc- lIon .\1.lnager mav prescnbe, .,0 ItemIzed Jccounting to- ~ether \\fth appropnate 'upportlng data for inclusion in .1 Chan~e Order, Unle'< othef\\lSe provided in Ihe Con- tract Documents, cost ,hall be lImited to the lollowing: m<r of materials, Including sales tax and cost of delivery; cost of labor. including 'oclal secuntv, old age and unemrlo\ment Insurance. and trln~e benetds reqUired bv agreement or custom, I\orkers' or workmen's compensa- tion In'urance, bond premium" rental value of equip- ment and machlnerv; and the additional costs oi super- '.1"'Jn and field of-lIce personnel dlrectll attflbutable to the cnan~e, Pend!O~ Ilnal determlnallon of COq to the 0\\ ner, payments on accounl 'hall be made on the Ar- ch,tecl' appro\al 01 a PrOlect Certificate ior Payment, 19 A201/CM -1980 -4.1" DOCLMLIO"JT A201 eM. Ct,\U.':-\l (\)'\,[)I'l,'_';' CF TIi{ C_;'~~I\_-\C':" f,'-I" CO\'~l~LCTIO-"'; (IJ,q~.I_CjfO' \\-\.....$"GE\..[....T [DlilQ""; 'E ~r'Q') lD!i!O\" . -\iA~ . i': 1930 . THE \'."i-:.:C\", 1...."111':.."7"[ OF-\I\.C!itJrC"!.... 1-:; 'r.\\ 1:-i'\,." >\\[ ',\\ \\ \CHi',CTO'\. DC :'(lO('lf. WARNING: Unhcensed photocopymg Ylolates U.S. copynght la-..vs and IS subject to le-gal prosecution. OS/25/93 19 GENERAL CONDITIONS 00750 The amount of credIt to be allowed by the Contractor to the Owner for any deletion or change which results in a net decrease in the Contract Sum will be the imount of the actual net cost is confirmed by the Architect after consultation with the Construction Manager. When both addllions and credits covering related Work or substitu- tions are involved in anyone change. the allowince for overhead and profit shall be figured on the basis of the net increase. if any. with respect to that change. 12.1.5 If unit prices are stated in the Contract Docu- ments or subsequently agreed upon. and if the quantities originally contemplated are so changed in a proposed Change Order that application of the agreed unit prices to the quantities of Work proposed will cause substantial ineqUity to the Owner or the Contractor. the applicable unit prices shall be equitably adjusted, 12.2 CONCEALED CONDITIONS 12.2.1 Should concealed conditions encountered in the performance of the Work below the surface of the ground or should concealed or unknown conditions in an existing structure be at variance with the conditions indicated by the Contract Documents. or should unknown physical conditions below the surface of the ground or should concealed or unknown conditions in an existing struc- ture oi an unusual nature, differing materlallv from those ordinarllv encountered and generallv recognized as in- herent In "ork of the character provided for In this Con- tract. be encountered, the Contract Sum shall be equita- bly adjusted bv Change Order upon claim by either party made with,n twenty days aiter the first observance of the conditions, 12.3 CLAIMS FOR ADDITIONAL COST 12.3.1 Ii the Contractor wishes to make a claim for an increase In the Contract Sum, the Contractor shall give the Architect and the Construction Manager wrlllen no- tice thereof within twenty days after the occurrence of the event gl\'lng rise to such claim, This notice shall be given by the Contractor before proceeding to execute the Work, except in an emergency endangering life or prop- erty In which case the Contractor shall proceed in ac- cordance \\Ith Paragraph 10.3, No such claim shall be \al,d unless so made. Ii the Owner and the Contractor cannot agree on the amount oi the adjustment in the Contract Sum, It shail be determined bv the Architect aiter con<ultatlon \\lth the ConstructIOn \lanJger. Anv change In the Contract Sum resulting tram such claim ,hall be authorized bv Change Order 12.3.2 Ii the Contractor claims that additional cost IS In- volved because oi, but not limited to, i1 any w Tltten in- terpretation pursuant to Subparagraph 2311 ,~. any or- der bv the Owner to stop the \Vork pur>uant to Para- graph 33 \\ here the Contractor was not at iault. or an~ such order bv the ConstructIOn Manager as the Owner's agent. 131 any wTlllen order ior a minor change In the Work Issued pursuant to Paragraph 1~-l or I-r latlure oi payment b\. the O"ner pursuant to P.Hagraph 9.7 the ContraCor <hall make -uch claim a- prll\lded In Sub- paragraoh 12,3.1. 12.4 MINOR CHANGES IN THE WORK 12.4.1 The ."-'ch,tect w1l1 na\ e authoTlJ\ to order minor changes In the \\'ork not Imoi\ In!, an adlu<tment tn the Contract Sum or extension of the Contrict Time ind not IOconsistent with the intent of the Contrict Documents. Such changes Shill be effected by written order issued through the Construction Manager, and shall be binding on the Owner and the Contractor. The Contrictor shall carry out such wnllen orders promptly. ARTICLE 13 UNCOVERING AND CORRECTION OF WORK 13.1 UNCOVERING OF WORK 13.1.1 If any portion of the Work should be covered contrary to the request oi the Architect or the Construc- lion Manager. or to requirements speCifically expressed in the Contract Documents, It must. if required in writing by either, be uncovered for their observation and shall be replaced at the Contractor's expense. 13.1.2 If any other portion of the Work has been cov- ered which the Architect or the Construction Manager has not speCifically requested to observe prior to its being covered. either may request to see such Work and it shall be uncovered by the Contractor. If such Work be found tn accordance with the Contract Documents, the cost of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work be found not in accordance With the Contract Documents, the Contractor shall pay such costs unless it be iound that thiS condition was caused bv the O\\ner or a separate contractor as provided In Article 6. In which event the Owner shall be responsible for the payment of such costs, 13.2 CORRECTION OF WORK 13.2.1 The Contractor shall promptly correct all Work reJected by the Architect or the Construction ,\Ianager as defecllve or as failing to conform to the Contract Docu- ments whether observed before or aiter Substantial Com- pletion oi the Project and whether or not fabricated. in- <tailed or completed, The Contractor shall bear all costs oi correcting such reJected Work. ,"cluding compensa- tion for the Architect's and the Construction \Ianager's additional services made necessary thereby, 13.2.2 Ii, Within one \ ear .liter the Dale 01 Substantial Completion oi the Project or designated portion thereoi, or \\ ,thtn one vear alter acceptance b\ the 0\\ ner of de<l!,nated equipment. or \\ Ithtn ,uch longer oertod oi time as may be prescribed bv law or bv the term<; 01 any applICable speCial warranty requtred bv the Contract Docu- ments, anv 01 the Work is iound to be detective or not tn accordance with the Contract Documents. the Contrartor <hall correct It promptl\ aiter receipt oi J \\ lIt1en notice irom the Owner to do <0 unles< the Owner has previ- ouslv gl\en the Contractor a \\lItten acceptance oi such condition ThiS obligation <hall <urvl\e both i,nal payment for the Work or designated portion thereoi and termlna- lion oi the Contract The Owner <hall ~I\ e such nC\llce ,,'omot!\ aiter di>co\cr. Ili th(' cond:~lon 13.2.3 The Contractor <hall remme from the "te all :Jortlon' oi the Work \\ hich J re deiectl\e or noncan'e"m- n~ and which have not been corrected under Subpara- .:'aphs 4 5.1. 13.~.1 and 13~: l;nle<< remo\al .< \\2 \cd "', the Owner. 13.2A !t the ContraCor ;a'!- 10 correct o('l('ct".e or ".on- (informing \\'o~k J':' P'IJ\ :ried In C.cbDJrJ(!raiJr~ ~ 3,1 .4,IA OOCL.:Iw\P,l "201 C~. (.(.....E"-\l CL1':JI~H,'.;" "f "'t-~ (.-,'-:-....-\(T r{';;: l- ~.~,~~;:,~C.,c '. (O,STRLC110-"'; \,A.,'.,CE.,,[,-T EDITIOS . !L....[ ;~3,:' EDlj:O"',j . A.. I A'!! . = 1~8,! . "HE "\f.Rll'..... 1,'-::1l ~E (H ,,,CHine,' ~-l,-, '~_I,\ ~()l;::" \\( ,\\ \\ \"H,,(;;r~, ...., C ~.~..-., A201/CM - 1980 20 NARNING: Un1lcensed photOCCD\-"'1g ",olates U.S, cooyqght la...-s and IS SUD)ect to :e";al prosecution OS/25/93 GENERAL CONDITIONS 00750 20 13.2.1 and 13,2.2, the Owner may correct It m accordance with Paragraph 3.4. 13.2.5 If the Contractor does not proceed with the cor- r('ctlon ot such defective or nonconformmg Work wlthm a reasonable time iixed by written notice flom the Archi- te(tlssued through the Construction Manager, the Owner may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the Owner may, upon ten additional days' written notice, sell such Work at auction or at pri. vate sale and shall account ior the net proceeds thereoi, atter deducting all the costs that should have been borne by the Contractor. Including compensation ior the Archi- tect's and the Construction Manager's additional services made necessarv thereby, Ii such proceeds at sale do not cover all costs which the Contractor should have borne, the dlfierence shall be charged to the Contractor and an appropriate Change Order shall be Issued. If Ihe payments then or thereafter due the Contractor are not sufficient to cover such amount. the Contractor shall pay the differ- ence to the Owner. 13.2.1> The Contractor shall bear the cost at making good all \Vork of the Owner or separate contractors de- stroyed or damaged by such correction or removal. 13.2.7 'Jothlng contained in this Paragraph 132 shall be construed to establISh a period oi limitation wllh respect '0 anv other obligation which the Contractor mll:;ht have Jnder the Contract Documents, Including PJra~raph ~,5 hereof. The establishment of the time periods noted in Subparagraph 13,2,2, or such longer period ot time as ma\' be prescribed bv law or bv the terms oi an\' warranty required by the Contract Documents, relates ani\' to the specific obligation of the Contractor to correct the Work, and has no relationship to the ttme Within which the Contractor's obligation to compl\' With the Contract Doc. uments may be sought to be enforced, nor to the time \Vlth,n which proceedings ma\' be commenced to e<tah- Ilsh the Contractor's Ilab"itv I\lth respect to the Contrac- tor's obligations other than speclilcall\' to correct the Work, 13.3 ACCEPT ANCE OF DEFECTIVE OR NONCONFORMING WORK 13.3.1 Ii the Owner preiers to Jccept dp~I'ctl\ e or non- conforming \\ork, the Owner ma\ do so "'-:('.ld 01 reouII- Ing Its remo\al Jnd CCHrpctl"n, ,n "hlcn Cel-e J Chelm:e Order Will be Issued to rerlect a reduction ,., the Contract Sum \\ here appropriate and equllable 'e', .1d,u,tment -hail be efiected whether or not Ilnal paln'!'nt ha, been made. ARTIClE 14 TERMINATION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 If the Work I' stopped lor a penoe 01 th:rt\ da\'s under an order of anv court or olher ounl,c ,1Uthorit\' having JUrisdictIon, or as a result of an act of government such as a declaration of a national emergency making materials unavailable, through no act or fault of the Con- tractor or a Subcontractor or their agents or employees or anv other persons pertormlOg any oi the Work under a contract WIth the Contractor, or if the Work should be stopped lor a period of thirty days by the Contractor be- cause at the Construction Manager's failure to recom- mend or the Architect's failure to Issue a Project Certifi- cate for Payment as prOVided in Paragraph 9.7 or because the Owner has not made payment thereon as provided in Paragraph 9,;-, then the Contractor may, upon seven addi- tional da\ s \Hltlen notice to the Owner, the Architect and the Construction Manager, terminate the Contract and recmer irom the O\\ner payment for all Work executed and for anv proven loss sustained upon any materials, ('qulpment. tools, construction equipment Jnd machinerv Il1cludrng reasonable profit and damages, . 14.2 TERMINATION BY THE OWNER 14.2.1 It the Contractor is adjudged a bankrupt, or makes a general assignment for the benefit of creditors, or It a receiver IS appornted on account of the Contrac- tor S 10'01\ encv, or Ii the Contractor persistently or re- p('atedlv retuses or talis, except In cases ior \\ h,ch exten- 'Ion 01 time IS pro\ Ided, to supply enough properly 'krlled \\ orkers or proper mate"als, or tarls to make prompt P,1\ ment to Subcontractors or lor materials or I.,bor, or perSistently dl\regards laws, ordinances. rules, '('~ulatlons or orders 01 any public authOrity havrng Juris- tlon, or otherWise 15 gurlty of a substantial violation of a prO\l\lon oi the Contract Documents, and lails within -e\ en da\' .llter receipt oi \Hltlen notice to commence "nd continue correction oi such default, neglect or viola- tion \\'1th drllgence and promptness, the Owner, upon certification bv the Architect alter consultation with the Con;tructlon "'anager that suffiCient cause eXists to justify ,uch action, may. alter seven davs lollowing receipt by the Contr,lctor ot an additional \Hltten nollce and with- out pre,udlce to any other remedy the Owner may have, terminate the emplovment of the Contractor and take pos<e"lon ot the site and of all materials, equipment, tool<. lonqructlon equipment Jnd machine,,' thereon <lll ncd n\ the Contractor and Olav IrnlSh the' \Vork bv "1 hate\ er methods the Ow ncr mav deem expedient. In 'lit h (.1<1' the Contractor shall not be entitled to recel\e ,In\' Turlher oa\ment untrl the \\01k "llnl,hed. 14.2.2 Ii Ihe unp.lld balance 01 the Contract Sum ex- (('ed, tre (0-" oi finishing the \Vork, Including compen- 'allon lor t~,e -\rchllect' and the Con<truCl,on \lanager's "ddltlon.li -er. Ice, m.lde neces>.H\ trccreh\ 'uch excess ,h.l!1 he oaiC 10 the Contractor, Ii such co<1> exceed the unpaid b,,:ance, the Contraclor <hall pa\' Ihe d,fierence to the Oil ner The amount to be paid to Ihe Contractor (Jr to ,he Owner, .1, the ca,e m.l\ he, .hall he certliied bv !he -\rch:tecI upon application, In Ihe manner provided '" Par.1~'J;l~ <j -l .lnd Ih,s obi'~,ltlon ill[ palment ,hall .un 1\ (' Ir(' le'mrnatlnn ni the Contr.1CI. 21 A201/CM - 1980 '"", ~\r ~'..' t'__"~:::\CT ;,",~: (~',Si"lCT:C' '- .<~ ~Q2~ [C:"7:O' . -\1.1..! . :: 1580 . THE ".:....\ ',---R.... \,d '- ,\ \\\Ui~'.CTn, :JC :':"0.'" "'-1-\ DOCL'U....T ..\201 C\1' ( _',' CO'\S7"f\.l... (-;;0' "\.",'ACt. "1."" i ~ _ "':" c., \'.1[;\:(" ,,('"ii;l 7"[ or \~~(' WARNING Unhcensed photOCOpYIng Violates U.S. copyrIght laws ana IS swb:ect 10 ;ega1 prosecutIon. OS/25/93 21 GENERAL CONDITIONS 00750 SECTION 00800 SUPPLEMENTARY GENERAL CONDITIONS Information contained in this Supplementary Conditions amends, supplements or clarifies the "General Conditions of the Contract for Construction, Construction Management Edition, AlA Document A201/CM dated June 1980 Edition. In cases of conflict between the General Conditions and these Supplementary Conditions, wording of this section shall govern. ARTICLE 1 1. Subparagraph 1.1.3 - third line-after the word "construction," delete the remaining words and insert the followinq: "and all supplies, tools, construction equipment and machinery, water, heat, utilities, transportation, and other faciliti,~s, services, and incidentals necessary for the proper execution and completion of such construction; except as expressly noted in the Scope of Work or the General Requirem(~nts of the Contract." 2. Subparagraph 1.2.1 - delete in its entirety. 3. Subparag:raph 1.2.3 - after the last word "meanings" in the paragraph add the following sentence: "In case of discrepancy or disagreement in the contract documents, specifications, and/or drawings, the ORDER OF PRECEDENCE shall be: Con~ract Agreement The addenda as issued The General Requirements The Supplementary General Conditions General Conditions The Technical Specifications The Drawings (Large scale detail drawings take precedence over smaller scale general drawings). Notl~: Do not rely on scaled dimensions on drawings and any discrepancies found shall be brought to the attention of the A/E through the CM. OS/25/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 1 4. Add new subparagraph 1.2.5 as follows: "Where on any of the drawings a portion of the Work is drawn out and ~he remainder is indicated in outline, the parts drawn ou~ shall also apply to all other like portions of the Work." 5. Add new subparagraph 1.3.2 as follows: "Unless otherwise provided in the Contract Documents, the Trade Contractor will be furnished, free of charge, all copies of Drawings and Specifications reasonably necessary for the (~xecution of the Work." ARTICLE 2 1. Subparag:raph 2.2.1 - after the word "representative", add: "The term Construction Manager means the Construction Manager acting through his authorized representative." 2. Subparag:raph 2.3.4 - first sentence after the word "Architect," add "along with the Construction Manager." 3. Subparag:raph 2.3.7 - after the word "properly," add: "It is the intent of the Contract Documents to allow the Construc"sion Manager to schedule the performance of all Work and the contractors are expected to follow all such schedule direction. Should a contractor, either in person or through his subcontractor, supplier, or vendor, fail to maintain progress according to the Project Schedule and approved Contractor's Schedule, or cause delay to another Contractor: he shall furnish additional labor and/or services such as overtime as may be necessary to bring his operations up to schedule. all at no additional cost to the Owner." 4. Subparag:raph 2.3.15 - delete in its entirety. 5. Subparag:raph 2.3.18 - delete the word "reasonable" in the sixth (6":h) line. After the word "promptness", add "consist(~nt with the constraints of the proj ect schedule so as to cause no delay." 6. Subparag:c-aph 2.3.21 - first 1 ine - delete the words "the Construc~ion Manager will assist the Architect", and substitu':e, "The Architect will assist the Construction Manager. " OS/25/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 2 7. Subparagraph 2.3.23 - delete the phrase "against whom the Contractor makes no reasonable objection and." Also, delete the last sentence in the subparagraph in its entirety. ARTICLE 3 1. Subparag~aph 3.2.1 - delete in its entirety. 2. Subparag~aph 3.3.1 - delete from the last sentence the phrase, "..., except to the extent required by Subparagraph 6.1.3". 3. Subparagraph 3.4.1 - substitute three (3) days notice in each caSI~ for the seven (7) day notices stipulated. Add at end of subparagraph the following: "In the event of clean- up issues, Owner has right to provide a minimum of 24 hours notice. In the event of safety issues determined to be of a serious nature, as determined by the CM, notice will given, and contractor is required to rectify deficiency immediat,~ly. " ARTICLE 4 1. Subparagraph 4.1.1 - delete in its entirety and insert the followinq: "The Con":ractor is the same person or entity identified as the Trade Contractor. A Trade Contractor is the person or entity identified as such in the Agreement between the Owner or Construction Manager and a Trade Contractor. The term Trade Contractor includes one who furnishes material worked to a special design but does not include one who furnishes material not so worked and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term Trade Contractor means the Trade Contractor or his authorized representative." 2. Subparag~aph 4.2.1 - at the end of the paragraph, add the followinq: "The Ownl~r and Architect have acknowledged that nothing in the Architect's engagement implies any undertaking by the Architec": for the benefit of or which may be enforced by the Contractor, its subcontractors, or the surety of any of them; it being understood that the Architect's obligations are to the Owner and that, in performing such obligations, the Architect may increase the burdens and expenses of the Contractor its subcontractors, or the surety of any of them. Neither ~he Contractor, any Subcontractor, nor the surety of OS/25/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 3 any of them shall bring any civil suit or other legal action against the Architect arising out of or in connection with the proj l:!ct . " 3. Add new subparagraph 4.4.3 as follows: "The Con1:ractor is responsible for the conduct of his employees at all times. Misconduct, destruction of property, unsafe practices, or violation of any Federal or state regulations including abuse of alcohol or drugs, will be cause for permanent dismissal from the project. If any Contractor employee is determined to be detrimental to the Project, as deemed by the Construction Manager, the Contractor will remove and/or replace the employee at the request of the Construction Manager. Employees dismissed from the project will be transported from the jobsite at the Contractor's expense." 4. Add new subparagraph 4.4.4 as follows: "The Trade Contractor shall be totally responsible for the security of his work, materials, equipment, supplies, tools, machinery, and construction equipment." 5. Add new subparagraph 4.4.5 as follows: "The Trade Contractor shall be responsible for complete, timely and accurate field measurements as necessary for proper coordination, fabrication and installation of his materials and equipment. The Trade Contractor agrees to cooperate with the Construction Manager, if required, to accommodate any discovered variations or deviations from the Drawings and Specifications so that the progress of the Work is not adversely affected." 6. Subparagraph 4.9.1 - add the following sentence: "The supl:!rintendent shall be satisfactory to the Construci:ion Manager and shall not be changed except with the consent of the Construction Manager, unless the superintendent proves to be unsatisfactory to the Trade Contractor or ceases to be in his employ." 7. Subparagraph 4.10.1 - add the following sentence: "This schedule, to be submitted within three (3) days after Contract Award, shall indicate the dates for the starting and completion of the various stages of construction, shall be revised as required by the conditions of the Work, and shall be subject to the Construction Manager's approval." OS/25/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 4 8. Add new subparagraph 4.10.2: "The Construction Manager will conduct a weekly scheduling meeting which the Contractor shall attend. At this meeting, the parties can discuss jointly such matters as progress, scheduling, and problems." 9. Add new subparagraph 4.12.9: "If mate~ials specified in the Contract Documents are not available on the present market, the Trade Contractor may submit data on substitute materials through the Construction Manager to the Architect/Engineer for approval by the Owner." 10. Subparag:~aph 4.14.1 - add at line 3 after "properly": "He shall also provide protection of existing work as required." 11. Subparag~aph 4.14.2 - at end of paragraph, add: "When structural members are involved, the written consent of the A~chitect/Engineer shall also be required. The Trade Contractor shall not unreasonably withhold from the Construction Manager or any separate contractor his consent to cutting or otherwise altering the Work." 12. Add new subparagraph 4.14.3: "The Trade Contractor shall arrange for any blockouts, cutouts, or opening required for the installation of his materials and equipment and the execution of his work, whether or not shown or indicated on the Drawings. The Trade Contractor shall be further responsible for sealing and/or finishing, in an acceptable fashion and meeting any applicable code requirements, any such blockout, cutout opening, or other hole in any fire-rated floor, ceiling, wall, security wall, or any other finished surface". 13. Subparagraph 4.15.1 - at end of paragraph, add: "Clean up shall be performed to the satisfaction of the Owner or Construction Manager." 14. Add new :;ubparagraph 4.16.2: "The Trade Contractor shall promptly return telephone calls or respond to any other form of communication initiated by the Construction Manager. Failure to promptly do so shall be considered a lack of performance on the part of the Trade OS/25/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 5 Contractor, and may be considered grounds for replacement of site per:;onnel.1I 15. Add new Subparagraph 4.16.3: IIAll wri1:ten correspondence to the Construction Manager shall be serialized, dated, and signed by an authorized representative of the Trade Contractor. The correspondence shall be directed to: Mor~ison-Knudsen/Gerrits P.O. Box 5283 Key West, Florida 33040 Attn: Larry Keys or hand delivered to Morrison-Knudsen/Gerrits' office located at 5090 Junior College Road, stock Island, Florida 33040. serialization procedures will be provided to the Trade Contractor in the pre-construction meeting. II Each trade contractor shall be required to check his designated mailbox regularly. This mailbox will be made availabll~, and located by the Construction Manager. 16. subparag~aph 4.18 - delete in its entirety and insert "Indemnification and Hold Harmlessll and the following: liThe Con':raCtor covenants and agrees to indemnify and hold harmless Monroe County, Monroe County Board of County Commissioners, and Morrison-Knudsen/Gerrits from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County and Morrison-Knudsen/Gerrits) and any other losses, damages, and expenses (including attorney's fees) which arise oui: of, in connection with, or by reason of services provided by the Contractor or any of its subcontractors in any tier, occasioned by the negligence or other wrongful act or omission of the Contractor or its subcontractors in any tier, their employees, or agents. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement." OS/25/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 6 ARTICLE 5 1. Subparagraph 5.2.3 - delete in its entirety and insert the followinq: "If the Owner or Construction Manager refuses to accept any person or entity on a list submitted by the Trade Contractor in response to the requirements of the Contract Documents, the Trad(~ Contractor shall submit an acceptable substitute; however, no increase in the Contract Sum shall be allowed for any such substitution." ARTICLE 6 1. Subparagraph 6.1.1 - delete the last sentence. 2. SubparagJ=aph 6.1.3 - delete in its entirety, and insert the followinq: "It shall be the responsibility of each contractor to coordinate his work with the work of other contractors on the site. The Owner and Construction Manager shall be held harmless of any and all costs associated with improper coordina1:ion. " 3. SubparagJ=aph 6.2.5 - sixth line, after the word "initiates," delete the words "an arbitration proceeding" and substitute "a claim:" tenth line, delete the words "at the Owner's expense, and"; thirteenth line, after the words "and court or," delE~te the word "arbitration" and substitute "claim." 4. Add new subparagraph 6.2.6: "Should 1:he Contractor contend that he is entitled to an extension of time for completion of any portion or portions of the work, he shall, within (72) hours of the occurrence of the cause of the delay, notify the Construction Manager in writing, of his contention: Setting forth (A) The cause for the delay, (B) A description of the portion or portions of work affected thereby, and (C) all details pertinent thereto. A subsequent written application for the specific number of days of extension of time requested shall be made by the Contractor to the Construction Manager with (72) hours after the delay has ceased to exist. It is a condition precedent to the consideration or prosecution of any claim for an extension of time that the foregoing provisions be strictly adhered to in each instance and, if the Contractor fails to comply, he shall be deemed to have waived the claim. OS/25/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 7 The Contractor agrees that whether or not any delay, regardle~;s of cause, shall be the basis for an extension of time he shall have no claim against the Owner or Construc1:ion Manager for an increase in the contract price, nor a claim against the Owner or Construction Manger for a payment or allowance of any kind for damage, loss or expense resultinq from delays: Nor shall the Contractor have any claim fo~ damage, loss or expense resulting from interrup1:ions to, or suspension of, his work to enable other contractors to perform their work. The only remedy availabll~ to the Contractor shall be an extension of time." ARTICLE 7 1. Subparagraph 7.1.1 - delete in its entirety and insert the followinq: liThe con1:ract shall be governed by the laws of the State of Florida. Venue for any claims or disputes arising under this contract shall be in the Circuit Court of the 16th Jlldic:ial Circllito fth eSt a t~ of Flori da.. Thi$p911i:ra ct is $,P,Rj..~<:;t.>1?9.......~J1~.<PFovi.$.ions... 0.f.....5 f?Ri:i9I1.......2.5!5..~p5.,........f-~gJ::;~g~.. . S.'t:a.'t:U1:es., . and those provisions of Chapter .713, <P16rida. 8t.9.BBt~p,.wl1ichareincorpora teqJ1eXgin..." 2. SubparagJ~aph 7.2.1 - delete in its entirety and insert the followinq: liThe Ownl~r or Construction Manager (as the case may be) and the Tradl~ Contractor each binds himself, his partners, succeSSOJ~S, assigns, and legal representatives of such other party in respect to all covenants, agreements, and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other." 3. Add new Subparagraph 7.2.2: "The Trade Contractor shall not assign any monies due or to become due under this Contract without prior written consent of the OHner or Construction Manager. II 4. Subparag~aph 7.8.1 - delete in its entirety. 5. Paragraph 7.9 'Arbitration' and all associated subparagraphs 7.9.1, 7.9.2, & 7.9.3 - delete in their entirety. OS/25/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 8 ARTICLE 8 1. Subparagraph 8.3.1 - delete in its entirety and insert the followinq: "If the ~rrade Contractor is delayed, at any time, in the progress of the Work, by any act or neglect of the Owner, Construc1:ion Manager, or the Architect/Engineer, or by any employee of either, or by any separate contractor employed by the O'vner, or by changes ordered in the Work, or by fire, unusual delay in transportation, adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes bE~yond the Trade Contractor's control, or by delay authorizE~d by the Owner, Construction Manager, or by any other cause which the Construction Manager determines may justify 1:he delay, then the Contract Time shall be extended by no cost Change Order for such reasonable time as the Construc1:ion Manager may determine, in accordance with subparagraph 6.2.6." 2. Subparagraph 8.3.2 - replace the remainder of the Paragraph after thE~ word "waived" in 1 ine 4 with the following: "Any claim for extension of time shall state the cause of the delay and the number of days of extension requested. If the caUSE~ of the delay is continuing, only one claim is necessary, but the Trade Contractor shall report the termination of the cause for the delay within twenty (20) days aftE~r such termination; otherwise, any claim for extension of time based upon that cause shall be waived." 3. Subparagraph 8.3.4 - delete in its entirety and insert the followinq: "It shaLL be recognized by the Trade Contractor that he may reasonably anticipate that as the job progresses, the Construc1:ion Manager will be making changes in, and updating Construc1:ion Schedules. No claim for an increase in the Contract Sum for either acceleration or delay will be allowed ::or extensions of time pursuant to this Paragraph 8.3 or for other changes in the Construction Schedules which are of the type ordinarily experienced in projects of similar size and complexity." 4. Add new subparagraph 8.3.5: "If the Project is delayed as a result of the Trade Contractor's refusal or failure to begin the Work on the date of commencement as defined in paragraph 8.1.2, or his refusal or failure to carry the Work forward expeditiously OS/25/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 9 with adequate forces, the Trade Contractor causing the delay shall be liable, but not limited to, delay claims from other Trade Contractors which are affected." ARTICLE 9 1. Subparagraph 9.3.3 - add at line 14 after the word "person": "All Trade Subcontractors and Trade Sub-subcontractors shall execute an agreement stating that title will so pass, upon their receipt of payment from the Trade Contractor." 2. Subparagraph 9.5.1 - add: "From the total of the amount determined to be payable on a progress payment, 10 percent of such total amount will be deducted and retained by the Owner until final payment is made. The balance (90 percent) of the amount payable, less all previous payments, shall be certified for payment. When not less than 95 percent of the work has been completed, the Owner may, at his/her discretion (and with the consent of the surety), prepare an estimate from which will be retained an amount not less than twice the contract value or estimated cost, (whichever is greater), of the work remaininq to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor. It is understood and agreed that the Contractor shall not be entitled to demand or receive progress payment based on quantitiE~s of work in excess of those provided in the proposal or covered by approved change orders, except when such excess quantities have been determined by the Construc1:ion Manager to be a part of the final quantity for the item of work in question. No progress payment shall bind the Owner to the acceptance of any materials or work in place, as to quality or quantity. All progress payments are subject to correction at the time of final payments. 3. Add new subparagraph 9.5.6: "All matE~rial and work covered by partial payments made shall thereupon become the sole property of the Owner, and by this provision shall not be construed as relieving the Trade Contractor from the sole responsibility for the materials and work upon which payments have been made or the restoration for any damaged material, or as a waiver to the right of the Owner or Construction Manager to require the fulfillmE~nt of all the terms of the Contract." OS/25/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 10 4. Add new subparagraph 9.5.7: "Except in case of bonafide disputes, or where the Trade Contractor has some other justifiable reason for delay, the Trade Contractor shall pay for all transportation and utility services not later than the end of the calendar month following that in which services are rendered and for all materials, tools, and other expendable equipment which are delivered at the site of the Project. The Trade Contractor shall pay, to each of his Trade Subcontractors, not later than the end of the calendar month in which each payment :LS made to the Trade Contractor, the representative amount a:Llowed the Trade Contractor on account of the work performed by his Trade Subcontractor interest therein. The Trade Contractor shall, by an appropriate agreement with each Trade Subcontractor, also require each Trade Subcontractor to make payments to his suppliers and Trade Sub-subcontractors in a similar manner." 5. Subparagraph 9.6.1 - delete in its entirety and insert the following: "The Construction Manager/Architect may decline to approve an Application for Payment if, in his opinion, the application is not adequately supported. If the Trade Contractor and Construction Manager cannot agree on a revised amount, the Construction Manager shall process the Application for the amount he deems appropriate. The Construction Manager may also decline to approve any Applications for Payment or, because of subsequently discovered evidence or subsequent inspections, he may nullify, in whole or part, any approval previously made to such extent as may be necessary in his opinion because of: (1) defective work not remedied; (2) third party claims filed or reasonable evidence indicating probable filing of such claims; (3) failure of the Trade contractor to make payments properly to Trade Subcontractors or for labor, materials, or equipment; (4) reasonable evidence that the work cannot be completed for the unpaid balance of the Contract Sum; (5) damage to the Construction Manager, the Owner, or another contractor working at the project; (6) reasonable evidence that the Work will not be completed within the contract time; (7) persistent failure to carry out the Hark in accordance with the Contract Documents. 9.6.1.1 No payment shall be made to the Trade Contractor until certificates of insurance or other evidence of compliance by the Trade Contractor, within all the requirements of Article 12, have been filed with the Owner and Construction Manager. Further, no payments on the basis of work performed by a Trade OS/25/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 11 Subcontractor shall be paid until copies of all bonds required by Paragraph 7.5 and any certificates of insurance required of the Trade Subcontractors under Art:Lcle 12 have been filed with the Owner. II 6. Subparagraph 9.7 - delete in its entirety. ARTICLE 11 1. t)@J.7B@~Ft.~cle T1.in its.. entir-gty andd.ns;ert:Jl.ptj.q.le1l.: ulnsuranc:eand Bonds "and the. following subparagraphs: . "11.1.1 Following award, but prior to execution of the contract the Contractor shall provide satisfactory evidence to the aHner, that the Contractor, at their own expense, has obtained the limits of insurance specified under this paragraph. The insurance form included in this section is to be executed, unmodified, and submitted as the certificate of insurance. The Contractor will also ensure that all subcontractors in any tier have obtained the same insurance as specified. 11.1.2 The Contractor will not be permitted to commence any phase of the work governed by this contract until satisfactory evidence of the required insurance has been furnished to the Owner. Delays in the commencement of work resultinq from the failure of the Contractor to provide satisfactory evidence of the required insurance shall not extend dE~adl ines speci f ied in this contract and penal ties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time. 11.1.3 ~he Contractor, and all subcontractors shall maintain the required insurance throughout the entire term of this contract and any extensions specified. If any coverages are required to remain in force after final payment, a certificate evidencing continuation of such coverage shall be submitted along with the application for final payment. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended. 11.1.4 ~~he acceptance and/or approval of the Contractors insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. OS/25/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 12 CERTIFICATE OF INSURANCE MONROE COUNTY In consideration of the premiums charged on the insurance policies shown in this certlllcate. this certificate is issued to the certificate holder shown below. This certificate does not amend, extend or alter the coverage afforded by the policies listed below except as shown below. " & ADDRESS OF I~SURED COMPANIES AFFORDI~G COVERAGES C.)mp3I1Y Letter A Company Letter B NAME 4< ADDRESS OF AGE:-iCY: Comp3ny Letter C Company Letter D Comp~my leiter E This is to certify that the insurance policies listed beJ(N,' bave been issued to the insured and are enforced at this time. It is agreed that none of these policies will be cancelled or changed without providing 60 days wriuen nOlice of SUl.."h rancelbtion of change to [he cer jticme hokler. except ~O days for \\lorkers' ('ompenS;)(l...-'n. CO LTR TYPE OF tNSURANCE POLICY # EFFEC11VE DATE EXPIRATION DATE ALL LIMITS IN THOUSANDS General Liability General Aggregate $ 0 Commercial Gener<:tl Liability Producl!-CompiOps Aggregate $ 0 Claims ~bde 0 Occurren.:e:: 0 (}..mer's &: COnlraCLOrS ProleC[I\t;" Personal & AJ\'erll~jng Injury S 0 x. c. U, Coverages Each Occurrence $ 0 Broad Form Property D~lm;jge Fire Damage (anyone lire) $ 0 Independent Contractors Medical E..'q>ense $ 0 Bl3nket Contractual (anyone person) Automobile U3biJity Bod;~' Injury - 0 Any Auto i Each Per>on) $ 0 Ail 0~nt'd .-\utos '. E.h:h A..:..:;Jent) S 0 Scheduled Autos Property Damage $ 0 Hired Autos Boddy Injury :lnJ PrO(:'t"ny $ Damage Combined 0 'on-Owned Autos Excess Liability 0 Umbrella Form Bodily Injury :mJ Properry S 0 Other than Umbrella Form Damage Combined o Claims Made o Occurrence Work.ers' Compensation and \Vork.trs' Compensation Statutory Employers' Liability Employers'L1Jblliry S Other S Comments: ~t0nroe c.)unty. ~10nr0e Coumy BOJrJ ,~i C0unry c.'mml:)sioncrs :mJ yk:>lTI~('n-MuJsen Gerr,b Jfe nameJ .JS :JJJition:l1 insLlfeJs with respel.:'t to [he Gener3J LIability. \'ehicle Li3biln}. Professjon~i! Liability and Excess Liability Policies. Name and Address of the Certific.;He HolJl;'r [)~l(t' ]s:)lIeJ: Monroe County .-\i.JttwnzeJ R<..'j.'r..::-,<..'nu[I\-:: cio Morrison-Knucben/Gerril, 5090 College Road .\..;J['<.'''' Ke\' West. FloricLi :n(j~O I T <.:kphimc' I 11.1.5 'vorkmens' compensation. The Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond ~o the applicable state's statutes. In addition, the Contractor shall obtain Employers/ Liability Insurance with limits of not less than: $ 500,000 Bodily Injury by Accident $ 500,000 Bodily Injury by Disease, each employee $ 500,000 Bodily Injury by Disease, policy limits Coverage shall be provided by a company or companies authorized to transact business in the state of Florida the company or companies must maintain a minimum rating A-VI, as assigned by the A.M. Best Company. and of If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-insurer, the County shall recognize and honor the Contractor's status. The Cont~actor shall be required to submit a Letter of Authorization issued by the Department of Labor and a certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor will be required to submit updated financial statemen~s from the fund upon request by the County. 11.1.6 General Liability. The Contractor shall obtain General :~iability Insurance with the following minimum coverage::; : a. Premises operations b. Products and Completed operations c. Blanket Contractual Liability d. Personal Injury Liability e. Expanded Definition of Property Damage f. Medical Payments The minimum limits acceptable shall be: $500,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 250,000 per Person $ 500,000 per Occurrence $ 50,000 Property Damage An Occur~ence Form policy is preferred. If coverage is provided on a Claims Made Policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which 05/18/92 SUPPLEMENTARY GENERAL CONDITIONS 00800-14 claims may be reported should extend for a minimum of twelve (12) months following the acceptance of the Work by the County. Recognizing that the work governed by this contract involves either underground exposures, explosive activities, or the possibility of collapse of a structure, the Contractor's General Liability Policy shall include coverage for the XCU (explosion, collapse, and underground) exposures with limits of liability equal to those of the General Liability Insurance policy. 11.1.7 Vehicle Liability. Vehicle Liability Insurance coverage:; : a. Owned, Non-Owned, b. Medical Payments The Contractor shall obtain with following minimum and Hired Vehicles The minimum limits acceptable shall be: $100,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 50,000 per Person $100,000 per Occurrence $ 25,000 Property Damage 11.1.8 Throughout the term of the contract, the Owner shall purchase and maintain property insurance on the completed value of the permanent facility only. The completed value is defined as all material, labor, supplies, and equipment intended to be incorporated in and to become a permanent part of the completed facility. Such insurance shall include perils of fire, lightning, and extended perils. The facility as defined for this paragraph includes structures as defined in the contract drawings and specifications. Notwiths1:anding any provisions contained in this paragraph, the Contractor shall be responsible for the first $10,000 on any loss governed by this section. The Contractor understands that the Owner's property insurance policy contains certain exclusions which are available upon request from the Construction Manager. 11.1.9 Public Construction Bond. The Owner shall require the Contractor to furnish a Public Construction Bond in the form provided by the Ovmer in this section as a guarantee for the faithful performance of the Contract (including guarantee and maintenance provisions) and the payment of all obligations arising thereunder. The Public Construction Bond shall be in an amount at least equal to the contract price. 05/18/92 SUPPLEMENTARY GENERAL CONDITIONS 00800-15 Public Construction Bond BY THIS BOND, We , as Principal and , a corporation, as Surety, are bound to , herein called Owner, in the sum of $ for payment of which we bind ourselves, or heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated , 19______, between Principal and Owner for construction of , the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payment to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract and; 3. Pays Owner all losses, damages, including damages for delay, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void: otherwise it remains in full force. Any changes in or under the contract documents and compliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. DATE ON , 19 (NAME OF PRINCIPAL) BY (AS ATTORNEY IN FACT) (NAME OF SURETY) 05/18/92 SUPPLEMENTARY GENERAL CONDITIONS 00800-16 ARTICLE 12 1. subparagraph 12.1.3 - under item .1, add the following at the end of the sentence, ", as set forth in subparagraph 12.1.6" 2. Subparagraph 12.1.4 - replace the remainder of the paragraph, after the word "change" in line 25, with the following: "Pending final determination of cost, payments on account shall be made as determined by the Construction Manager. The amount of credit to be allowed by the Trade Contractor for any deletion or change, which results in a net decrease in the Contract Sum, will be the amount of the actual net cost as confirmed by the Construction Manager. When both additions and credits covering related Work or substitutions are involved in anyone change, the allowance for overhead and profit shall be figured on the basis of the net increase, if any, with respect to that change." 3. Add new subparagraph 12.1.6: "The actual cost of Changes in the Work may include all items of labor or material, power tools, and equipment actually used, utilities, pro rata charges for foreman, and all payroll charges such as Public Liability and Workman's Compensation Insurance. No percentage for overhead and profit shall be allowed on items of Social Security and Sales Tax. If deductions are ordered, the credit shall be the net cost. Items considered as overhead shall include insurance other than that mentioned above, bond or bonds, superintendent, timekeeper, clerks, watchmen, use of small tools, incidental job costs, and general office expenses. The actual cost of Changes in the Work (other than those covered by unit prices set forth in the Contract Documents) shall be computed as follows: 12.1.6.1 If the Trade Contractor performs the actual Work, the percentage mark-up for overhead and profit shall be a maximum addition of fifteen percent (15%). 12.1.6.2 If the Trade Subcontractor performs the actual Work, the percentage mark-up for overhead and profit shall be a maximum addition of fifteen percent (15%). If the Trade Contractor does not enter into the Work, the maximum mark up for managing this work will be ten percent (10%). 05/18/92 SUPPLEMENTARY GENERAL CONDITIONS 00800-17 12.1.6.3 If the Trade Subcontractor performs part of the actual work, his percentage mark-up for overhead and profit shall be a maximum addition of fifteen percent (15%) on his direct work only. If the Trade Contractor performs part of the actual work, his percentage mark-up for overhead and profit shall be a maximum addition of fifteen percent (15%) on his direct work only. 4. Add new subparagraph 12.1.7: "The Trade Contractor shall furnish to the Owner through the Construction Manager, an itemized breakdown of the quantities and prices used in computing the value of any change that might be ordered." 5. Subparagraph 12.3.1 - delete in its entirety and insert the following: "If the Trade Contractor claims that any instructions given to him by the Construction Manager, by drawings or otherwise, involve extra work not covered by the Contract, he shall give the Construction Manager written notice thereof within three (3) days after the receipt of such instructions and before proceeding to execute the work, except in emergencies endangering life or property, in which case the Trade Contractor shall proceed in accordance with Paragraph 10.3." Should it not be clear to the Trade Contractor that a change will involve extra work, written notice given within three (3) days that the change may involve extra work will be sufficient notice. If it is later determined that the work involved in such instruction shall be recognized as an extra, the amounts of additional compensation to be paid therefore should be determined in accordance with Paragraph 12.1. Except as otherwise specifically provided, no claim for additional cost shall be allowed unless the notice specified by this Subparagraph is given by the Trade Contractor. If the Contractor considers that the changed work involves extra costs, the costs shall be accounted for, and presented in accordance with subparagraph 12.1.3. All claims shall be submitted to the Owner through the Construction Manager." 6. Subparagraph 12.3.2 - change the word 'agent' in the 7th line, to 'representative'. 05/18/92 SUPPLEMENTARY GENERAL CONDITIONS 00800-18 7. Add new subparagraph 12.3.3: "Unless otherwise agreed in writing, the Contractor shall carryon the Work and maintain its progress during any dispute or claim proceeding, and Owner shall continue to make payments to the Contractor in accordance with the Contract Documents. Disputes unresolved shall be settled in accordance with subparagraph 7.1.1." ARTICLE 14 1. Subparagraph 14.1.1 - starting at the 8th line, delete the phrase, "..., or if the Work should be stopped for a period of thirty days by the CONTRACTOR because of the CONSTRUCTION MANAGER'S failure to recommend or the ARCHITECT'S failure to issue a Project Certificate for Payment as provided in Paragraph 9.7 or because the OWNER has not made payment thereon as provided in Paragraph 9.7"... Add to the end of the last sentence : "exclUding home.off ice overhead." 2. Subparagraph 14.2.1 - change the words 'seven days' in the 13th and 18th line, to '72 hours'. ************************ END OF SECTION 00800 05/18/92 SUPPLErvIENTAr<..; GENERAL CONDITIONS 00800-19 SECTION 00970 PROJECT SAFETY AND HEALTH PLAN 1.1 REGULATIONS AND POLICIES 1.1.1 1.2 1. 2.1 Every Contractor and Subcontractor employed on the Project shall comply with all applicable local, State, and Federal safety and health regulations and with Morrison-Knudsen Company, Inc. safety and health policies as described herein. PROJECT SAFETY AND HEALTH REQUIREMENTS It is recognized that it is good business and evidence of competent leadership to prevent the occurrence of incidents that lead to occupational injuries or ill~esses. Safety and health requirements on this project include, but are not limited to, the following: .1 In general, this accident prevention policy is based on a sincere desire to eliminate personal injuries, occupational illnesses, and equipment and property damage; and to protect the general public exposed to or associated with the work. .2 The importance of the safety of all workers on the project shall be recognized and accident prevention shall be an integral part of all operations. .3 Each Contractor and Subcontractor shall conduct work in a safe and practical manner in conformance with the OSHA Safety and Health Regulations and the latest edition of the Manual of Accident Prevention, Associated General Contractors of America. .4 Each Contractor and Subcontractor shall observe all applicable Federal, State, local and project laws and regulations pertaining to safety and health, pollution control, ~ater supply, fire protection, sanitation facilities, waste disposal and other related items. .5 The Mandatory Safety and Health Rules shall be posted in a conspicuous location along with the OSHA and Emergency Phone Nu~ber posters. OS/25/93 00970 - 1 PROJECT SAFETY & HEALTH PLAN .6 A record of all occupational injuries and illnesses shall be maintained. Medical and lost time cases shall be properly recorded on the OSHA log, and reported to MORRISON-KNUDSEN/GERRITS. A copy of the insurance report for workmen compensation cases shall be provided to MORRISON- KNUDSEN/GERRITS. .7 Each Contractor and Subcontractor shall provide or arrange for adequate first aid facilities, emergency transportation and persons qualified in first aid. .8 Each Contractor and Subcontractor shall cooperate fully with all other contractors in their respective safety and health programs. .9 Good housekeeping shall be observed at all times. Waste, debris, and garbage shall be removed daily or placed in appropriate waste containers. All materials, tools, and equipment shall be stored in a safe and orderly fashion. Each contractor shall donate 10% of their staff to a crew that will convene every Friday at 1:00 pm for a joint site clean-up effort not to exceed a duration of three hours. In summary, there will be a 3-part clean-up plan. The first part consists of the contractor cleaning up on a daily basis, his workstations, and his trade work. The second part consists of the general clean-up, the concerted effort by all trade contractors working on the project. A minimum of (1) crew is to be utilized by each contractor, or 10%, whichever is more. The third part consists of the Owner cleaning up for a particular trade contractor should adequate notice not compel him to clean up his work. In this case, the appropriate contractors will be backcharged. .10 This project shall be a Hard Hat job and all supervisors, employees and visitors shall be required to wear a suitable hard hat while on the project site. .11 Other appropriate personal protective equipment shall be provided and worn as required including but not limited to long pants, shirts with sleeves and appropriate leather work boots. OS/25/93 PROJECT SAFETY & HEALTH PLAN 00970 - 2 .12 Temporary construction aids such as ladders, scaffolds, stairs, railings, etc. shall be provided to facilitate access or working conditions in a manner that shall conform to the safety standards specified by Federal, state, Local or manufacturer's recommendations or stipulations. .13 Each Contractor and Subcontractor shall be expected to indoctrinate his employees as to the safety and health requirements of this project and to enforce adherence to safe work procedures. .14 If MORRISON-KNUDSEN/GERRITS notifies any Contractor of any noncompliance with the provisions of this program, the Contractor shall make all reasonable efforts to immediately correct the unsafe conditions or acts. Satisfactory corrective action shall be taken within the specified time. If the Contractor or Subcontractor refuses to correct unsafe or unhealthy conditions or acts, MORRISON- KNUDSEN/GERRITS shall take one or more of the following steps: a. Cease the operation or a portion thereof. b. stop payment for the work being performed. c. Correct the situation using other forces and back charge the Contractor expenses incurred. d. Increase withholding in proportional increments for that given pay period. .15 All Contractor's Superintendents shall be required to attend and participate in all general project safety meetings. These meetings will be included in the weekly coordination meetings as previously specified or on an as needed basis. .16 All Contractors shall conduct Weekly Tool Box Safety Training Meetings, and shall document the minutes on the forms provided. These forms are to be transmitted to Morrison-Knudsen/Gerrits on a weekly basis. All employees working at the project site shall be required to attend and participate in the meetings. OS/25/93 00970 - 3 PROJECT SAFETY & HEALTH PLAN 1.3 1. 3.1 1.4 1. 4.1 .17 Shortly after the award of the contract and prior to the beginning of work, an Activity Hazard Analysis (phase plan) shall be prepared by the contractor and submitted to Morrison- Knudsen/Gerrits for approval. The analysis will address the hazards for each activity to be performed in that phase and will present the procedures and safeguards necessary to eliminate the hazards or reduce the risk to an acceptable level. A phase is defined as an operation involving a type of work presenting hazards not experienced in previous operations or where a new subcontractor or work crew is to perform work. The analysis will be discussed by the contractor and Morrison-Knudsen/Gerrits on-site representatives at the Preparatory Inspection Meeting. Work will not proceed on that phase until the Activity Hazard Analysis (phase plan) has been accepted by Morrison-~nudsen/Gerrits. .18 No personal radios or stereos will be allowed on the job-site. FIRE PROTECTION Every Contractor and subcontractor employed on the Project shall exercise good construction practices to prevent fire. It shall be the responsibility of the Con't:ractor to insure that general fire protection facllities are adequate for his work and to provide additional fire protection facilities and devices, including fire extinguishers as required by their scope of ,.;ark. WORK NEAR ENERGIZED ELECTRICAL LINES OR OTHER UTILITIES It shall be the Contractor's sole and exclusive responsibility (a) to provide personnel capable of worJcing adjacent to energized electrical lines or other utilities; (b) to provide adequate, safe and properly maintained equipment; (c) to conduct all of his work in accordance with the safety rules and regulations prescribed by the National Electric Code, National Electric Safety Code, H30, and Safety Rules for Installation and Maintenance of Electrical supply and Communication Lines Hand Book 81, occupational Safety and Health Act of 1970, as well as other safety codes in effect at the site of construction and as specified elsewhere herein, or as are generally applicable to the type of ~ork being per~~rDed; and 'j) to continuously SUpE~c"lse and :.;--;spect -:::,e '..:c;,-.~'. tei:.::; pe:::::::r::ed t'0 OS/25/93 PROJECT SAFETY & HEALTH PLr.:1 00970 - 1.5 1.5.1 1.5.2 1.5.3 assure that the requirements of (a), (b), and (c) above are complied with and nothing in these Contract Documents shall be held to mean that any such responsibility is the obligation of the Owner or the Architect or the Construction Manager. BAro~ICADES, WARNING DEVICES AND LIGHTING The Contractor shall be solely responsible for providing temporary ladders, guard rails, warning signs, barricades, night guard lights, and deck or floor closures required in connection with his work to comply with Federal, State and local safety requirements. The Contractor shall be solely and exclusively responsible for the design, construction, inspection and maintenance of such facilities at all timE~s . It shall be the responsibility of the Contractor to provide additional temporary lighting, if needed to maintain safe conditions. It shall be the sole and exclusive responsibility of the Contractor to provide a safe place to work for all laborers and mechanics and other persons employed on or in connection with the project, and nothing in these Contract Documents shall be construed to give any of such responsibility to the Owner, the Architect, or the Construction Manager. ***************************** END OF SECTION 00970 OS/25/93 00970 - 5 PROJECT SAFETY & HEALTH PLAN SECTION 00980 CONTRACTOR QUALITY CONTROL PLAN 1.1 1.1.1 1.2 1.2.1 1.2.2 1.2.3 1.2.4 MORRISON-KNUDSEN/GERRITS' DUTIES AND RESPONSIBILITIES The Morrison-Knudsen/Gerrits' superintendent will monitor all work performed by the Contractor and assist the Contractor with his conformance of the work to the Contract Drawings and Specifications. CONTRACTOR'S DUTIES AND RESPONSIBILITIES The Contractor is responsible for the quality of the work performed by his work force on this project as well as the quality of the material, equipment and supplies furnished by him to be incorporated into the work. The Contractor will designate a Quality Control Representative who will be on site at all times while the respective Contractor's work is in progress and will have the authority and responsibility to accept or reject items of work. The Contractor's Quality Control Representative may delegate his duties but the primary responsibility and authority will rest on him. The Contractor's Quality Control Representative will coordinate the submittal of all shop drawings, product data and samples to Morrison-Knudsen/Gerrits. Any submittal that is a variance to the contract requirements must be identified as such and transmitted to the Construction Manager for submittal and approval by the Architect/Engineer or Owner. No work requiring submittal of a shop drawing, product data or sample shall commence until the submittal has been reviewed and approved by the Architect/Engineer. The Contractor will bear the responsibility of notifying the designated material-testing laboratory, whether Monroe County or Contractor is required to perform testing of materials as required by the contract drawings and specifications in a timely fashion to prevent needless cancellations and delays of work activities. Any costs caused by untimely notification shall be borne by the Contractor. OS/25/93 CONTRACTOR QUALITY CONTROL PLAN 00980 - 1 1.2.5 1.2.6 1.3 1.3.1 The contractor's Quality Control Representative will review his drawings, procurement documents and contracts to insure that the technical information provided and all work performed is in accordance with the latest revisions of the Contract Drawings and Specifications. The Contractor's Quality control Representative will perform an inspection upon receipt at the site of the work of all materials, equipment and supplies including those furnished to him by the Owner. Notes from this inspection will be filled out on the appropriate form and included with the Contractor Daily Quality Control Report. Items which are damaged or not in conformance with the respective submittals, quality standards, contract drawings and specifications shall be brought to the attention of Morrison-Knudsen/Gerrits' representative on site and then will be identified and segregated from accepted items. Items thus identified will not be incorporated into the work until corrective action acceptable to Morrison-Knudsen/Gerrits is completed. Items determined unsalvageable will be removed from the job site. These items shall be noted as deficient in the applicable section of the Contractor Daily Quality Control Report. INSPECTION AND TESTING INSPECTION PLAN Morrison-Knudsen/Gerrits utilizes a mUlti-point inspection plan for each separate feature of work to be performed under this Contract, i.e., work described by each division of the technical provision section of the contract specifications. This plan consists of the following: .1 Preparatory Inspection - Prior to commencing the work, the contractor's Quality Control Representative will meet with Morrison- Knudsen/Gerrits' Superintendent and the Architect's representative if he so desires to attend and check the following items at a minimum for conformance: (a) Approval of shop drawings and submittals. (b) Approval of inspection and test reports of materials and equipment to be utilized. (c) Completion of previous operations of prel~~inary ~crk. OS/25/93 CONTRACTOR QUALITY CONTROL PLAN 00980 - 2 Note: Note: (d) Availability of materials and equipment required. (e) Potential utility outages. (f) Any other preparatory steps dependent upon the particular operation. (g) Quality standards. (h) Safety or environmental precautions to be observed. (Phase Hazard) Morrison-Knudsen/Gerrits will record the minutes to this inspection meeting and distribute accordingly. . 2 Initial inspection - Upon completion of a representative sample of a given feature of the work, the Contractor's Quality Control Representative will meet with the Morrison- Knudsen/Gerrits Superintendent and the Architect's representative if he so desires to attend and check the following items at a minimum for conformance: (a) Workmanship to established quality standards. (b) Configuration to contract drawings and specifications. (c) Construction methods, equipment and tools utilized. (d) Materials and articles utilized. (e) Adequacy of testing methods. (f) Adequacy of shop drawings. (g) Adequacy of safety or environmental precautions. Morrison-Knudsen/Gerrits will record the minutes to this inspection meeting and distribute accordingly. . 3 Follow-up Inspections - The Contractor's Quality Control Representative will inspect the work daily to assure the continuing conformance of the work to the workmanship standards established during the preparatory and initial inspections. Additionally, as a part of the follow-up inspection, sign-off sheets will be utilized as often as possible. The intent of these sheets is to achieve concurrence from other trade contractors and responsible parties that ensuing work can indeed commence over underlying work. This will prevent oversights and om~ssicns ~hich OS/25/93 00980 - 3 CONTRACTOR QUALITY CONTROL PLAN 1.3.1.5 1.3.1.6 Note: Note: could elevate costs. sign-off sheets shall be used for, but not be limited to, concrete, drywall, ceilings, painting, roofing substrates and flooring. These reports are to be generated by the contractor and submitted to Morrison- Knudsen/Gerrits' Superintendent for approval prior to the start-up of work. Failure to generate a sign-off sheet or to attain proper signatures prior to covering up underlying work may affect payment for that piece of work if ensuing problems are detected or not. This disciplinary action shall be carried out via the Nonconformance Report. (See section 1.4.2 of this plan. ) The Contractor shall be responsible to record these inspections and all other project related activities encountered throughout the day on the Contractor Daily Quality Control Report. .4 Completion Inspections - Upon completion of a given feature of the work, the Contractor's Quality Control Representative will meet with Morrison-Knudsen/Gerrits' superintendent, if he so desires to attend, to perform an inspection of the completed work. Non-conforming items will be identified and corrected prior to commencement of the next operation. The Contractor shall conduct and report corrections of this inspection which shall be a required submittal. Follow-On Inspections - Upon execution of the contractor's completion inspection in elements of the work which result in concealment; such as, ceiling and drywall installations, the Contractor shall schedule and conduct multi-trade or singular inspections prior to covering installation. Note: MK/G will record the minutes to this inspection meeting. Pre-Final Inspection - Upon substantial completion of the project work MK/G shall coordinate and conduct a universal inspection of all areas and elements of the work. The Architect/Engineer may be represented if he so desires. This inspection shall be completed at least (15) days pri8r to the final substantial cc~pletion inspec~i=n ~hich shall be ccnjuc~ed tv the OS/25/93 CONTRACTOR QeALITY CONTROL PLAN 00980 - 4 1.3.2 1.3.3 1.4 1.4.1 A/E. All deficiencies and incomplete work should be completed prior to the final substantial completion inspection. OPERATION AND CHECK OUT TESTING The Contractor will provide personnel and equipment to perform the operational tests and check-out of the equipment, facilities or equipment constructed, fabricated or installed under this Contract. Morrison- Knudsen/Gerrits' Superintendent will coordinate and witness all such tests. Notification should be given at least ten (10) days in advance of the scheduled tests. FINAL INSPECTION and issuance of the A/E CERTIFICATE OF SUBSTANTIAL COMPLETION Morrison-Knudsen/Gerrits' superintendent will coordinate and attend all final inspections of the work by the Architect/Engineer. Prior to requesting a final inspection, all tests for the equipment and systems must be completed. Upon completion of the A/E's inspection, the A/E will publish outstanding items and issue a Project certificate of Substantial Completion, which will define the date of 'Turn-Over' to the Owner the care, control and custody. Reference section 00800, Substantial Completion. REPORTING Maintaining accurate and retrievable records is extremely important in the Quality Assurance Program. These records will act as a main source of information in the present and in the future for the entire project management team. The main report that will be utilized to provide this information is the Daily Quality Control Report. Nonconformance Reports may also be issued. DAILY QUALITY CONTROL REPORT The Daily Quality Control Report shall be used to document the summary of daily inspection activities performed by the Contractor's designated Quality Control Representative. It shall include any of the steps of inspection that are performed that day, all test monitoring and any rework of nonconforning ite~s. The daily Quality Contrel Repor~ sect~an of the Dai:j OS/25/93 CONTRACTOR QUALITY CONTROL PLAN 00980 - 5 1.4.2 1.5 1.6 1. 6.1 Superintendent's Report will be routinely used for daily reporting requirements. When the magnitude or complexity necessitates such, a more separate and comprehensive form will be used. Reference Contractor's Daily Report, and as needed Contractor Daily Quality Control Report, section 01385. NONCONFORMANCE REPORT Nonconformance Reports will be issued for work that is found to be in nonconformance with the contract documents or the referenced quality standards. The report will be issued by Morrison-Knudsen/Gerrits. It is not the intent to routinely and repeatedly issue nonconformance reports, but to issue them only after normal enforcement standards have been exhausted, or if the work performed is a detriment to the project. A copy of the Nonconformance Report will be forwarded to the Project Manager for his information and/or action. It should also be included in the Contractor's Daily Quality Report package for general review. Nonconformance Reports will be signed off once the deficient item or items have adequately been corrected. This will be done by the issuing Superintendent and Project Manager. These sign-offs will be included with a corresponding corrective action taken. Significant nonconformances need to be addressed to prevent recurrence. The signed-off report will also be submitted for review. Work activities affected by a Nonconformance Report will proportionally counter-affect payments. Whether that be partial or full retainage will be left up to the discretion of Morrison-Knudsen/Gerrits' management team. NOT USED AUDITS Morrison-Knudsen/Gerrits may choose at its option to perform Contractor audits of their Contractor Quality Control Plan at any time. Reports of these audit results will be forwarded to the Project Manager for his action. Any action items noted during an audit for the Contractor will be followed up and documented to insure compliance and avoid recurrence. OS/25/93 CONTRACTOR QUALITY CONTROL PLAN 00980 - 6 1.7 SUMMARY The intention of this plan is to create a system of checks and balances that will minimize delays caused by rework and a lack of planning and maximize production and insure that the finished product is one that the entire construction team can pride themselves in. These goals can be achieved by giving the Owner exactly what he has bought. The Owner will expect no more and through Quality Assurance, the construction team will provide no less. ***************************** END OF SECTION 00980 OS/25/93 00980 - 7 CONTRACTCR QUALITY CONTROL pu..:J CONTRACTOR'S AfFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS ()\\ 'ER ARCHITECT CONTRACTOR SURETY OTHER A ',", Document G706 n o TO (Owner) I L PROJECT: Iname, address) ARCHITECTS PROJECT NO: I CONTRACT FOR: .J CO~TRACT DATE: State of: County of: The undersigned, pursuant to Article 9 of the General Conditions of the Contract for Construction, AlA Document Al01, hereby cerllfies that. except as listed below, he has paid in full or has otherwise satisfied all obligations for all materials and equipment furnished, for all work, labor, and services periormed, and for all known indebtedness and claims against the Contractor ior damages arising in any manner In connection \\ Ith the performance of the Contract referenced above for which the Owner or his propertv might In .1ny wav be held responsible, EXCEPTIO:-':S: (If none, write "Sone". Ii requirec.; by the Owner. the Contractor shall f~J[nlsh bond satISfactory to the Owner for each exception,) SUPPORTING DOCl),\1ENTS ATTACHED HERETO: 1. Consent of Surety to Final Payment. Whenever Surety is involved, Consent of Surety is required, AlA DOCUMENT GiOi, CONSE1'T OF SURETY, may be used for this purpose, Indicate attachment: (yes ) (no l. The follOWing supporting documents should be at- tached hereto if required by the Owner: 1. Contractor's Release or Waiver oi Liens, condi- tional upon receipt of final payment. 2, Separate Releases or Waivers of Liens from Sub- contractors and material and equipment sup- pliers, to the extent required by the Owner, ac- companied by a list thereof. 3, Contractor's Affidayit of Release oi Liens (AlA DOCUMENT G706Al. CO:\/TRACTOR: Address: BY: Subscribed and sworn to before me this day oi 19 :-':otary Public: .\lv Commission Expires: ~ -\.:: . ~ 4 - . i ~ ~ :- , , ' ,,~ ~- .....In' 0'f P.H-:~ .1.1.1. DOCL.\\f'T C:"06 . ::;O)'T;:::-\C.....,-.,c:.~ \'Fl::;1'.:r Cr D\'y'.l,f'T nr ~:~....~ .\'\,C) (I .\1\\' . ...~t;'!~ ~:: c \~" ;',":-"- _....: ''='F !."CHi~EC""5 ~- ~, '<\'.' -...--::;::.",- \\ E '.\\' \\ \"H"t~-:-- '. 00900-1 AFFIDAVIT Of PAYr';ENT OF DEBTS & CLAIMS OS/25/93 CONTRAOOR'S AFFIDAVIT OF RELEASE OF LIENS -\/.\ DOCU,\IENT G70M 0\\'-[ R ARCHITECT CONTRACTOR SURETY OTHER LJ o o o I ARCHITECT'S PROJECT ~O: I CONTRACT FOR: TO \Owner) 1- ~ CONTRACT DATE: PROJECT: name, address) State of: County of: The undersigned, pursuant to Article 9 of the General Conditions of the Contract for Construction, AlA Document A201, hereby certifies that to the best of his knowledge, Information and belief. except as listed below, the Releases or Waivers of Lien attached hereto include the Contractor, all Subcontractors, all suppliers oi materials and equip- ment, and all performers of Work, labor or services who have or mav have liens against anv property of the Owner Mlsing in ,lnv manner out of the performance of the Contract reierenced above. E\C[PTIO~S: i1f none, wTlte ':-':one". Ii required bv the Owner, the Canlrac!or shall furnish bond 'atlsiactorv ta Ihe Owner ior CJch exception.) SUPPORTING DOCUMENTS ATTACHED HERETO CONTRACTOR 1. Contractor's Release or Waiver of Lien<;, cond,- Ilonal upon receipt of final payment Separate Releases or Waivers of Liens from Sub- contractors and material and equipment sup- pliers, to the extent required bv the Ow nero ac- companied by a list thereof. Addre" BY: SubscTlbed .md '\\ orn io before me thIS davof 1<) :-';olarv PubliC 'Iv CommiSSion Expire' ~I-\ OOCU".H~T C:-06A. (-()'\,TR~CTOR'S J...;"D.'.\;T I : ~~t_E;)E ();: L l'-c.. .\P~'l ~'1-1_~ ::)1;\- '-,. . -:-~-lf \\,~,,:r'~..... '.~I Tl'lf nr ~RCi--<,T~C;'- ~- : '~"\ 11 f\" A\l ,\.\ '....,~."rli'". , -J"., ~ :'.1. C ~ I,il) OS/25/93 AFFIDAVIT OF RELEASE OF LIENS 00905 1 CONSENT OF SURETY COMPANY TO FINAL PAYMENT AlA DOCUMENT G707 OWNER ARCHITECT CONTRACTOR SURETY OTHER o o o o PROJECT: (name, address) TO (Owner) I I ARCHITECT'S PROJECT NO: CONTRACT FOR: L CONTRACTOR: .-J CONTRACT DATE: In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the "eo"" ;ns"rt n.amc .ar:d ~d(He~S of Surely (omp,jIMYl , SURETY COMPANY, on bond of ;here In!l~rt n.ame .and address of Con!:,aCIOtJ , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surely Company of any of its obligations to I~er. ,nwl n.m. .nd .ddr... 01 Own..J O\V~ER. as set forth in the said Surety Company's b:>nd. IN WITNESS WHEREOF, the Surety Company has hereunto set Its hand this day of 19 Sure!v Company SJgnature of AUlhomed Representalive Attest: (Seal) : Title 'en Th,s form" to be us.d as a companIon de:_",.n! to AI~ DOCL.\H"T G~06. CO~TRACTOR.S AffIDA\'1T OF P~) \'E" T OF DEBTS ~"D Cl."l"~S. Current Edition -\'A. DOCL'\H-"':T C:-O:-. I"n"'-.;'['T OF 5l~'~f:Y CC.,~~......\.' TO F!'.3.~ r'A,'.H'T' ....:"C', 1a-:,. ~[):T'r....... .\!.\~ . ThE .\\',:=: ,:::-.:,,",".SilfLTE (~f .1;:':C:~~:T[C'" .--:~.. .<, 'r~::':.. \..~ . . ",- 1''-,[ :'\ r, OS/25/93 CONSENT C? SURETY TO FINAL PAYMENT 00910 1 SECTION 01027 APPLICATION FOR PAYMENT 1. SUMMARY This section provides procedures for preparation and submittal of Applications for Payment. 2. FORMAT The Application and Certificate for Payment including the continuation Sheet is the required format for submitting invoices. A copy of these forms are included in this section. The Owner reserves the right to modify the format to better suit his internal accounting system. 3. PREPARATION OF APPLICATIONS The contractor is required to comply with the following procedure: 1. Progress payment period ending date is the 25th day of each month. 2. Fifteen (15) calendar days prior to the 25th (i.e., lOth of the month), work item updates are to be submitted by the Contractor to the CM for work through the period ending date (25th). 3. The Work Item Update listing (blank) ~ill be distributed to the Contractor for completion prior to the lOth day of the month. 4. From the lOth to the 16th day of the month, the CM will review the copies of the work item update with the field staff and/or the Contractor. 5. From the 17th to the 20th day of the month, the CM will meet at the jobsite with the A/E to review the recommended work item update listings for A/E approval. 6. From the 21st to the 24th day of the month, the CM will provide the Contractor the revie~ed and approved wo~~: item update and an appl~cation for OS/25/93 APPLICATION FOR PAYMENT 01027 - 1 payment. 7. The Contractor will execute certification by notarized signature of authorized officer. 8. The Contractor will attach to the Application for Payment, a completed and properly executed Affidavit and Partial Release of Lien form also contained in this section. 9. On or about the 25th day of each month, the A/E will certify the applications for payment at the monthly jobsite project coordination meeting and the CM will submit them to the Owner for processing or provide notification as stipulated in the General Conditions for withholding. 4 SUBMITTAL PROCEDURES A. The initial Application for Payment will not be processed until the Contractor's construction schedule, the schedule of values, and the initial submittal schedule have been received, reviewed and approved by the Owner's Representative. B. Submit an updated construction and submittal schedule with each Application for Payment. C. Payment period: Submit once per month. Payment will be made by the Owner within a reasonable time thereafter. 5. SUBSTANTIATING DATA A. When the Owner's Representative requires substantiating information, submit data justifying dollar amounts in question. B. Provide one copy of data with cover letter for each copy of submittal. Indicate Application number and datE~, and line item by number and description. OS/25/93 APPLICATION FOR PAYMENT 01027 - 2 ~ I>< e: ~ '" I- :z ... lit ~ e: ... 3 ... ~ l- e: u -' ... ... e: o :z ~ l- e: u -' ... ... e: >- ~ U 41 o ~ lit OS/25/93 '" 0- .... U'I N .... U'I o o I- 8 I>< ... ... 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OS/25/93 APPLICATION FOR PAYMENT 01027 4 MONROE CCUI n c/o MORRISON-KNUDSEN/GERRITS AFFIDAVIT AND PARTIAL RELEASE OF LIEN APPLICATION NUMBER: PERIOD ENDING DATE: 05/25/93 APPLICATION DATE: KN~ ALL MEN BY THESE PRESENTS, that the undersigned, for and in consideration of the payment of the sum S 0.00 to be paid to the undersigned, hereby releases, acquits, satisfies and forever discharges, MONROE CCUlTY, OWNER, their successors and assigns from all suits, causes of action, liens, lien rights, claims or demands of any kind whatsoever, to the extent of the payment to date on account of the furnishing of labor, material or services for the improvement of the following described property: NEW MONROE COUNTY DETENTION FACILITY As part of this PARTIAL RELEASE, THAT UNDERSIGNED HEREBY CERTIFIES the following: THAT the contract of the undersigned, as adjusted by all increases and decreases, is in the amount of S 0.00 as of the date of the Partial Release and the undersigned has received S on the adjusted contract amount as of the date of this Partial Release. as pa-,-nt THAT all supplies of labor, material or services furnished to, or for the benefit of the undersigned for improvement to the subject property have been paid in full. Any and all suppliers of labor, material or services for improvement to the subject property, who have not been paid in full are listed below with the amount owing each, claimed by each and the reason for nonpayment: (If none, write "NoneN) CLAIMANT AMOONT DUE AMOONT CLAIMED REASON FOR NONPAYMENT THAT all taxes imposed by all government agencies have been paid and discharged. THAT all funds have been coltected for F.I.C.A. and withhOlding taxes have been properly deposited with appropriate agencies or paid to the government as required by law. THAT the undersigned has no other claims for money against the OWNER other than those subcontractors/suppliers amounts remaining due and owing on the adjusted contract balance as reflected above. THAT the undersigned further certifies that if there is a Guarantee, Warranty or Maintenance Agreement in connection with the labor and material furnished by it, that this payment and PARTIAL RELEASE shall not release the undersigned from any obligations under such Guarantee, Warranty or Maintenance Agreement. WITNESS MY HAND THIS day of , 19 wi tness EXAMPLE CONTRACT Wi tness Signature, Title OS/25/93 APPLICATION FOR PAYMENT 01027 5 SECTION 01028 CHANGE ORDER PROCEDURES PART 1 - GENERAL 1 SUMMARY A. section includes: 1. Promptly implement change order procedures. a. Provide full written data required to evaluate changes. b. Maintain detailed records of the work done on a time and material/force account basis. c. Provide full documentation to the Construction Manager with each request. 2. Designate in writing the member of the Contractor's organization authorized to accept changes in the Work. 3. The Owner will designate in writing the person who is authorized to execute Change Orders. B. Related requirements: 1. Agreement: The amounts of established unit prices. 2. Agreement: The amounts of established allowances. 3. Conditions of the Contract, Article 12 of the General Conditions: a. Methods of determining cost or credit to the Owner resulting from changes in the Work made on a time and material basis. b. The Contractor's claims for additional costs. 2 DEFINITIONS A. Change Order, AlA Document G701/CM: Refer to the General Conditions. B. Construction Change Directive: A written order to the Contractor, signed by the Owner, MK/Gerrits and the Architect, which amends the Contract Documents as described, and authorizes the Contractor to proceed with a change which affects the Contract Sum or the Contract time, for inclusion in a subsequent Change Order. OS/25/93 CHANGE ORDER PROCEDURES 01028 - 1 :' 3 PRELIMINARY PROCEDURES A. A change may be initiated by submitting a Proposal Request to the Contractor. Request will include: 1. Detailed description of the change, products and location of the change in the Project. 2. supplementary or revised Drawings and specifications. 3. The projected time span for making the change, and a specific statement as to whether overtime work is, or is not, authorized. 4. A specific period of time during which the requested price will be considered valid. 5. such request is for information only, and is not an instruction to execute the changes, nor to stop the Work in progress. B. The Contractor may initiate changes by submitting a written notice to the Construction Manager containing: 1. Description of the proposed changes. 2. statement of the reason for making the changes. 3. statement of the effect on the Contract Sum and the contract Time. 4. statement of the effect on the Work of separate contractors. 5. Documentation supporting change in the Contract Sum or the Contract Time, as appropriate. 4 CONSTRUCTION CHANGE DIRECTIVE A. In lieu of Proposal Request, a Construction Change Directive may be issued for Contractor to proceed with a change for subsequent inclusion in a Change Order. B. The Construction Change Directive will describe changes in the Work, both additions and deletions, with attachments of revised Contract Documents to define details of the change, and will designate the method of determining a change in the Contract Sum and change in the Contract Time. C. The Owner, Construction Manager, and the Architect will sign and date the Construction Change Directive as authorization for the Contractor to proceed with changes. D. At completion of the change, submit itemized accounting and supporting data as provided in the Article "Documentation of Proposals and Claims" of this Section. OS/25/93 CHANGE ORDER PROCEDURES 01028 - 2 E. The allowable costs of such work will be determined as provided in the General Conditions and Supplementary Conditions. F. The Owner, Construction Manager and Architect will sign and date the Change Order to establish the change in the Contract Sum and in the Contract Time. G. The Owner and the Contractor will sign and date the Change Order to indicate their agreement. 5 DOCUMENTATION OF PROPOSALS AND CLAIMS A. Support each quotation for a lump-sum proposal, and for each unit price which has not previously been established, with sufficient substantiating data to allow evaluation of the quotation. B. On request provide additional data to support time and cost computations: 1. Labor required. 2. Equipment required. 3. Products required. a. Recommended source of purchase and unit cost. b. Quantities required. 4. Taxes, insurance and bonds. 5. Credit for the work deleted from the Contract, similarly documented. 6. Overhead and profit. If the Contractor performs the actual Work, the percentage mark-up for overhead and profit shall be a maximum addition of fifteen percent (15%). If the Subcontractor performs the actual Work, the percentage mark-up for overhead and profit shall be a maximum addition of fifteen percent (15%). If the Contractor does not enter into the Work, the maximum mark-up for managing this work will be ten percent (10%) . If the Subcontractor performs part of the actual Work, his percentage mark-up for overhead and profit shall be a maximum addition of fifteen percent (15%) on his direct work only. If the Contractor performs part of the actual work, his percentage mark-up for overhead and profit shall be a maximum addition of fifteen percent (15%) on his direct work only. 7. Justification for change in the Contract Time. OS/25/93 CHANGE ORDER PROCEDURES 01028 - 3 C. support each claim for additional costs, and for the work done on a time-and-material/force account basis, with documentation as required for a lump-sum proposal, plus additional information: 1. Name of the Owner's authorized agent who ordered the work, and date of the order. 2. Dates and times the work was performed, and by whom. 3. Time record, summary of hours worked, and hourly rates paid. 4. Receipts and invoices for: a. Equipment used, listing dates and times of use. b. Products used, listing of quantities. c. Subcontracts. 5. Signature of Construction Manager's Superintendent, concurring with quantities. 6 PREPARATION OF CHANGE ORDERS A. The Construction Manager will prepare each Change Order. B. Change Order form: AlA Document G701jCM. C. Change Order will describe changes in the Work, both additions and deletions, with attachments of revised contract Documents to define details of the change. D. Change Order will provide an accounting of the adjustment in the Contract Sum and in the Contract Time. 7 LUMP-SUM/FIXED PRICE CHANGE ORDERS A. content of change Orders will be based on either: 1. The Proposal Request and the Contractor's responsive Proposal as mutually agreed between the Owner and the Contractor. 2. The Contractor's Proposal for a change, as recommended by the Architect or Construction Manager. B. The Owner, Construction Manager and the Architect will sign and date the Change Order as authorization for the Contractor to proceed with the changes. C. The contractor may slgn and date the Change Order to indicate agreement ~~ith the terms therein. OS/25/93 CHANGE ORDER PROCEDURES 01028 - 4 8 UNIT PRICE CHANGE ORDER A. The content of the Change Orders will be based on either: 1. The definition of the scope of the required changes. 2. 3. B. The l. 2. The Contractor's Proposal for a change, as recommended by the Architect, or Construction Manager. Survey of completed work. amounts of the unit prices to be: Those stated in the Agreement. Those mutually agreed upon between the Owner, Architect and the Contractor. C. When quantities of each of the items affected by the Change Order be determined prior to start of the Work: 1. The Owner, Construction Manager and the Architect will sign and date the Change Order as authorization for the Contractor to proceed with the changes. 2. The Contractor may sign and date the Change Order to indicate agreement with the terms therein. D. When quantities of the items cannot be determined prior to start of the Work: 1. A Construction Change Directive will be issued directing the Contractor to proceed with the change on the basis of unit prices, and will cite the applicable unit prices. 2. At completion of the change, the cost of such work will be determined based on the unit prices and quantities used. 3. The Owner, Construction Manager and the Architect will sign and date the Change Order to establish the change in the Contract Sum and in the Contract Time. 4. The Contractor will sign and date the Change Order to indicate their agreement with the terms therein. 9 CORRELATION WITH THE CONTRACTOR'S SUBMITTALS A. Revise Schedule of Values and Request for Payment forms monthly to record each change as a separate item of the Work, and to record the adjusted Contract Sum prior to submission of Application for Payment. OS/25/93 CHANGE ORDER PROCEDURES 01028 - 5 B. Revise the Construction Schedule to reflect each change in the Contract Time prior to monthly submissions. Revise subschedules to show changes for other items of work affected by the changes. C. Upon completion of the Work under a Change Order, enter pertinent changes in Record Documents. ********************* END OF SECTION 01028 OS/25/93 CHANGE ORDER PROCEDURES 01028 - 6 SECTION 01200 PROJECT MEETINGS PART 1 - GENERAL 1 SUMMARY A. section includes: 1. Project meetings 2 The CONSTRUCTION MANAGER'S RESPONSIBILITY A. Construction Manager shall schedule and administer pre- construction meeting, periodic progress meetings, and specially called meetings throughout progress of the Work. 1. Prepare agenda for meetings. 2. Provide notice of each meeting four days in advance of meeting date, or provide as much advance notice as possible. 3. Make physical arrangements for meetings. 4. Preside at meetings. 5. Record the minutes; include significant proceedings and decisions. 6. Reproduce and distribute copies of minutes. a. To participants in the meeting. b. To parties affected by decisions made at the meeting. c. Furnish three copies of minutes to the Architect. B. Representatives of the Contractors, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. C. The Architect and the Owner's Representative may attend meetings to ascertain that the Work is expedited consistent with the Contract Documents and construction schedules. 3 PRE-CONSTRUCTION MEETING A. Location: A central site designated by the Construction Manager. OS/25/93 PROJECT MEETINGS 01200 - 1 B. Attendance: 1. The Owner's Representative. 2. The Architect and his professional consultants (as required) . 3. Construction Manager. 4. The contractor's Superintendent. 5. Major subcontractors. 6. Major suppliers. 7. Others as appropriate. C. suggested Agenda: 1. Distribution and discussion of: a. List of major subcontractors and suppliers. b. Projected Construction Schedules. 2. Critical Work sequencing. 3. Major equipment deliveries and priorities. 4. Project Coordination. a. Designation of responsible personnel. 5. Procedures and processing of: a. Field decisions. b. Proposal requests. c. Submittals. d. Change Orders. e. Applications for Payment. 6. Adequacy of distribution of the Contract Documents. 7. Procedures for maintaining Record Documents. 8. Use of premises: a. Office, work and storage areas. b. The Owner's requirements. 9. Construction facilities, controls and construction aids. 10. Temporary utilities. 11. Safety and first-aid procedures. 12. Security procedures. 13. Housekeeping procedures. 14. Distribute meeting minutes within (3) days. 4 WEEKLY PROGRESS MEETINGS A. The Contractor's Project Manager and/or Superintendent shall be required to attend a weekly scheduling meeting. B. Location of the meetings: Office of the Construction Manager. OS/25/93 PROJECT MEETINGS 01200 - 2 C. Attendance: 1. The Architect and his professional consultants as needed. 2. Contractors as appropriate to the agenda. 3. Suppliers as appropriate to the agenda. 4. Others. D. Suggested Agenda: 1. Review of Work progress since previous meeting. 2. Field observations, problems, conflicts. 3. Problems which impede Construction Schedule. 4. Review of off-site fabrication, delivery schedules. 5. Corrective measures and procedures to regaln projected schedule. 6. Revisions to Construction Schedule. 7. Progress, schedule, during succeeding Work period. 8. Coordination of schedules. 9. Review submittal schedules. 10. Maintenance of quality standards. 11. Pending changes and substitutions. 12. Review proposed changes for: a. Effect on Construction Schedule and on completion date. b. Effect on other contracts of the Project. 13. Other business. 14. Distribute meeting minutes. ******************** END OF SECTION 01200 OS/25/93 PROJECT MEETINGS 01200 - 3 SECTION 01301 SUBMITTALS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Submit to the Construction Manager, shop drawings, product data, certifications and samples required by the technical sections. 2. Prepare and submit a separate schedule listing dates for submission and dates for review. B. Related sections: 1. Section 00750 - GENERAL CONDITIONS 2. Individual submittals required: refer to each specific section, for certifications, shop drawings, product data and sample requirements. 1.2 SUBMITTAL TRANSMITTAL FORM A. Attached, and made a part of this section 01301, is a copy of the submittal Transmittal Form, which shall be filled out by the contractor and submitted with each and every submittal. Follow the instruction sheet, also attached, for directions on this procedure. It is essential that the submittal Transmittal Forms are filled out in their entirety for the system to function properly. B. Transmittal Form, originals for contractors use, will be supplied by the Construction Manager, and is a 6- part form. 1.3 SUBMITTAL SCHEDULE A. The Contractor shall submit within seven (7) days of award of the Contract a preliminary "Submittal Schedule" to the Construction Manager for review, modification and response. No payment applications will be processed prior to finalizing the submittal schedule. The "Submittal Schedule" shall contain the following information: 1. Specification Section number and name. 2. Specification section paragraph identification which describes submittal requlre~ent. OS/25/93 SUBMITTALS 01301 - 1 3. Submittal information required, (i.e., sample, test data, shop drawing, etc.). B. The contractor shall also supply the following dates in order to meet the project schedule. 1. Date submittal is scheduled to be submitted and received by the Construction Manager. 2. Date contractor has scheduled to order material or equipment or the submittal item. 3. Date contractor has scheduled delivery to jOb-site of material or equipment or the submittal item. 4. Add any remarks or unique items that the CM or A/E should be aware of. C. The Contractor shall allow a minimum of (2) weeks for review of submittal by A/E (in calendar days). D. The submittal master record will then be used to track submittals within the process. 1.4 SHOP DRAWINGS A. Submit legible shop drawings in the form of positive printing reproducible transparencies, commonly called sepia prints, suitable for reproduction use on dry print diazo type machines. Sepia prints which cannot be reproduced will be returned to the Contractor for re-submittal. B. Provide shop drawings as complete submittals (no partial sets) on original drawings or information prepared solely by the fabricator or supplier. Deviation from complete submittals will only be allowed by pre-arranged method. C. Do not reproduce the Contract Drawings for shop drawing submittals. D. Sheet sizes shall not excee~ the size of the Contract Drawings. E. Each sepia print shall have blank spaces large enough to accept 4" x 4" review stamps of the Architect and the Contractor. F. Each sepia print shall carry the following information: 1. Project name and contract number. 2. Date. OS/25/93 SUBMITTALS 01301 - 2 3. Names of: a. The Architect b. The Construction Manager c. The Contractor d. Supplier e. Manufacturer 4. Identification of product or material. 5. Relation to adjacent structure or materials. 6. Field dimensions, clearly stated as such. 7. Specification section number. 8. Applicable standards such as ASTM or Federal Specification. 9. Identification of deviations from Contract Documents. 10. Reference to construction drawings by drawing number and/or detain number. G. Submit sepia prints without folds either as flat sheets if size permits, or rolled in tubes. H. The contractor shall submit (2) reproducibles and (4) blueline or blackline sets to the CM. The CM will return (1) reproducible to the contractor after review/return from the A/E. 1.5 PRODUCT DATA A. Product data such as catalog cuts, brochures or manufacturer's sheets may be submitted in lieu of sepia prints if adequately identified. Submit seven copies of product data to the Construction Manager. B. Modify product data sheets to delete information which is not applicable to the Project. Provide additional information if necessary to supplement standard information. C. Product data sheets that are submitted with extraneous information not deleted and/or modified will be returned without review to the Contractor for re- submittal. D. The contractor shall submit at a minimum, (1) original and (6) copies to the CM. The CM will return (2) copies to the contractor after review/return by the A/E. OS/25/93 SUBMITTALS 01301 - 3 1.6 SAMPLES A. Provide samples to illustrate materials, equipment or workmanship, and to establish standards by which completed work may be judged. B. Construct mock-ups as required by the technical sections, at the Project site in a location designated by the construction Manager. Construct mock-ups, including adjacent work required, to demonstrate the final appearance of the Work. C. The contractor shall submit (3) samples to the CM, and (1) will be returned to the contractor after review/return from the A/E. 1.7 CERTIFICATIONS A. Provide certifications as required by various technical sections on the Contractor's letterhead stationary. certifications shall be identified to this Project, dated and bear Contractor's signature in the same format used for the Owner/Contractor agreement. B. Clearly identify the materials referenced and state that the material and the intended installation methods, where applicable, are in compliance with the contract Documents. Attach manufacturer's affidavits where applicable. C. The contractor shall submit (1) original and (6) copies to the CM. The CM will return (2) sets to the contractor after review/return from the A/E. 1.8 THE CONTRACTOR'S RESPONSIBILITIES A. Before making submittals to the Construction Manager, review each submittal, make changes or notations as necessary to conform to the Contract Documents, identify such review with review stamp and forward reviewed submittal with comments to the Construction Manager for review. Return submittals not meeting Contract requirements to subcontractors and do not forward such submittals to the Construction Manager. B. Submit catalog sheets, product data, shop drawings and where specified, submit calculations, material samples, color chips or charts, test data, warranties and guarantees all at the same time for each submittal item. OS/25/93 SUBMITTALS 01301 - 4 C. Verify field measurements and product catalog numbers or similar data. D. Clearly identify on the submittal and transmittal to the Construction Manager in writing of deviations in submittals from the requirements of the Contract Documents. E. After the Construction Manager's and the Architect's review, distribute copies with one copy to be maintained at the Project site for reference use and other copies distributed to suppliers and fabricators. F. Do not begin the Work which requires submittals until return of submittals with the Construction Manager's and the Architect's stamp and initials indicating review. G. The Contractor's responsibility for errors and omissions in submittals is not relieved by the Construction Manager's or the Architect's review of submittals. H. The Contractor's responsibility for deviations in submittals from requirements of the Contract Documents is not relieved by the Construction Manager's or the Architect's review of submittals unless the Architect gives written acceptance of specific deviations. 1.9 THE CONSTRUCTION MANAGER'S RESPONSIBILITIES A. The Construction Manager will return to the Contractor, without review, all submittals not bearing the Contractor's review stamp or not showing it has been reviewed by the Contractor. B. After the Architect's review, the Construction Manager will forward submittals to the Contractor and retain one copy for the Owner. The Contractor shall distribute copies including other copies distributed to suppliers and fabricators. The Contractor shall supply copies of reviewed submittals to the Construction Manager in sufficient quantity to allow proper coordination of the Contract. 1.10 THE ARCHITECT'S RESPONSIBILITIES A. The Architect will review submittals with reasonable promptness, checking only for conformance with the design compliance of the Project and compliance with infornation given in the Contrac~ =ocunents. OS/25/93 SUBMITTALS 01301 - 5 B. The Architect will make changes or notations directly on the submittal, identify such review with his review stamp, obtain and record the Architect file copy and return the submittal to the Construction Manager. **************** END OF SECTION 01301 OS/25/93 SUBMITTALS 01301 - 6 ~ ~ <l. J ~ E D " (J) ~ ill Z :J ill iG o e III .. 0) o .. n. Ul - C Gl E e ~ ~ 0 eu. 0.- e C'CI - - ~'E 0.1/) III C oC'Cl ~.= c :J o o Gl o .. c o == ill Qi c. E o u :J ~ E D " '" CD a: :J o Z ..J ~ ~ (J) Z < a: I- :::E o a: 11. .0 '0.. a:O ."., Ol(") ~...J 011. U.: .'" ~iIl Cl.,~ :;::&'l >- :::Eg~ 2 o Z ..J ~ ~ (J) Z < a: I- (J) :::l o :> UJ a: <l. z o ~ u o ..J oCl UJ g~ jiif:: -f- ~ U '" UJ ill., CiO ill a: a:<l. o z u UJ (J) Z o ~ ~ 11. (3 lJ.J <l. 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OS/25/93 SUBMITTALS 01301 8 SECTION 01310 PROGRESS SCHEDULES PART 1 - GENERAL 1..1 SUMMARY A. section includes: 1. Progress schedules 2. Revisions to schedules B. Related sections: 1. SCOPE OF WORK C. Description: 1. Progress Schedules: Promptly after award of the Contract, prepare and submit to the Construction Manager, construction progress schedules for the work, with subschedules of related activities which are essential to its progress. Also incorporate manpower loading related to each activity on the construction schedule. 2. Revisions to Schedule: Submit revised/updated progress schedules with each payment application. 1. .2 FORMAT A. Prepare Progress Schedules as a horizontal bar chart with separate bar for each major portion of Work or operation, identifying the first work day of each week. B. Include numeric manpower loading associated with each horizontal bar, clearly defined. C. Scale and spacing: to provide space for notations and revisions. D. Sheet size: mlnlmum 8-1/2" x 11". 1 . . 3 CONTENT A. Indicate complete sequence of construction by activity, with dates for beginning and completion of each element of construction. OS/25/93 PROGRESS SCHEDULES 01310 - 1 B. Identify work of separate stages and other logically grouped activities. C. Provide sub-schedules to define critical portions of the entire schedule. D. Submit separate schedule of submittal dates for shop drawings, product data, and samples, including the Owner furnished products and products identified under allowances and dates reviewed submittals will be required from the Architect. Reference section 01301 - Submittals. 1..4 REVISIONS TO SCHEDULES A. Indicate progress of each activity to date of submittal, and projected completion date of each activity. B. Identify activities modified since previous submittal, major changes in scope, and other identifiable changes. 1. Major changes in scope. 2. Activities modified since previous submission. 3. Revised projections of progress and completion. 4. other identifiable changes. C. Provide a narrative report as needed to define: 1. Problem areas, anticipated delays and the impact on the schedule. 2. Corrective action recommended and its effect. 3. The effect of changes on schedules of other prime contractors. 1..5 SUBMITTALS A. Submit initial schedules within (3) days after award of contract. 1. The Construction Manager will review schedules and return review copy within ten (10) days after receipt. 2. If required, re-submit within seven (7) days after return of review copy. 3. Submit revised Progress Schedules with each Application for Payment. 1..6 DISTRIBUTION A. Distribute copies of the reviewed schedules to: 1. Job site file. 2. Subcontractors. OS/25/93 PROGRESS SCHEDULES 01310 - 2 3. Other concerned parties. B. Instruct recipients to report promptly to the Contractor, in writing, any problems anticipated by the projections shown in the schedules. Note: It is not incumbent upon the Construction Manager to notify the Trade Contractor when to begin, to cease, or to resume work nor to give early notice of faulty or defective work, nor in any way to superintend so as to relieve the Trade Contractor of responsibility or of any consequence of neglect or carelessness. ************** END OF SECTION 01310 OS/25/93 PROGRESS SCHEDULES 01310 - 3 SECTION 01370 SCHEDULE OF VALUES PART 1 - GENERAL 1..1 SUMMARY A. Section includes: 1. Schedule of Values allocated to the various portions of the Work, submitted within three (3) days after award of the Contract. 2. Upon request of the Construction Manager, support the values with data which will substantiate their correctness. 3. The Schedule of Values, unless objected to by the Construction Manager, forms the basis for the Contractor's Applications for Payment. 1..2 FORM AND CONTENT OF SCHEDULE OF VALUES A. Type schedule on AlA G703 Form; the Contractor's standard forms and automated printout will be considered by the Construction Manager upon the Contractor's request. Identify schedule with: 1. Title of Project and location. 2. The Architect and Construction Manager. 3. Name and Address of the Contractor. 4. Contract designation. 5. Date of submission. B. List the installed value of the component parts of the Work (broken down into labor and material and physical location) in sufficient detail to serve as a basis for computing values for progress payments during construction. C. Follow the Specifications as the format for listing component items. 1. Identify each line item with the number and title of the respective major section of the Specifications. D. Itemize separate line item cost for each of the following general cost items: 1. Mobilization. 2. Bonds, Insurance and Permits. 3. General Conditions spread over project duration on monthly basis. 4. Clean-up. 5. Submittals. OS/25/93 SCHEDULE OF VALUES 01370 - 1 6. Safety. E. For each major line item list sub-values of major products or operations under the item. 2. the various portions of the Work: Include a directly proportional amount of the Contractor's overhead and profit for each item. For items on which progress payments will be requested for stored materials, break down the value into: a. The cost of the materials, delivered and unloaded, with taxes paid. b. The total installed value. Submit a subschedule for each separate stage of work specified in Section 00300. F. For 1. 3. G. The sum of values listed in the schedule shall equal the total Contract Sum. 1..3 SUBSCHEDULE OF UNIT MATERIAL VALUES A. Submit a subschedule of unit costs and quantities for: 1. Products on which progress payments will be requested for stored products. B. The form of submittal shall parallel that of the Schedule of Values, with each item identified the same as the line item in the Schedule of Values. C. The unit quantity for bulk materials shall include an allowance for normal waste. D. Provide unit values for the materials as follows: 1. Cost of the material, delivered and unloaded at the site, with taxes paid. 2. Installation costs, including the Contractor's overhead and profit. E. The installed unit value multiplied by the quantity listed shall equal the cost of that item in the Schedule of Values. 1..4 REVIEW AND SUBMITTAL A. After review by Construction Manager, revise and resubmit schedule (and Schedule of Material Values) as required. B. Resubmit revised schedule in same manner. ************* END OF SECT~ON 01370 OS/25/93 SCHEDULE OF VALUES 01370 - 2 SECTION 01385 DAILY CONSTRUCTION REPORTS PART 1 - GENERAL 1..1 SUMMARY A. section includes: 1. Requirement for Daily Construction Reports by each Contractor. 2. Scheduled submission times for Daily Construction Reports. 1..2 FORM AND CONTENT OF DAILY CONSTRUCTION REPORTS A. Daily Construction Reports shall be submitted by each and every Contractor performing work on the project. Forms to be used will be furnished by the Construction Manager. Items to be addressed on the Report are: 1. Title of Project 2. Name of Contractor 3. Date and day of Report information. For example, you performed work on Thursday, April 18, 1991, so you would therefore use "Thursday, 4/18/91." This holds true even if you did not complete filling out the Report until Friday, 4/19/91. 4. Contract designation. 5. Note any major Shipments received on that particular day. 6. Note major equipment used that day. 7. Note manpower used, and designate what trades. For example, if you were the mechanical contractor, you would also list how many insulators, pipefitters, etc. that you were also managing, even if they were subcontractors. In addition, list the names of the subcontractors that were on-site that day. 8. Note any deficiencies in your work, and corrective actions taken to resolve the deficiencies. 9. Note any safety violations discovered, whether or not caused by your forces. 10. Provide a full description of work performed that day, and any problems or unusual conditions discovered. 11. Report is to be signed by the authorized representative of the contractor, and should the signature not be legible, print t~e name of the signer next t2 the signature. OS/25/93 DAILY CONSTRUCTION REPORTS 01385 - 1 1..3 SCHEDULE OF SUBMITTING DAILY REPORTS A. Daily Reports are to be submitted at the designated location described in the pre-construction meeting. contractors are to submit the original of their report, and should keep a copy for their records. The Construction Manager's photocopying facilities are not to be used in the reproduction for submission of the reports. B. Submit Daily Reports no later than 9:00am the day following the day of the work described in that particular report. No exceptions to this rule will be accepted. Should contractor fail to comply with these instructions, the contractor's payment application for the following month will be held in abeyance until such time the contractor properly submits the delinquent reports. ************* END OF SECTION 01385 OS/25/93 DAILY CONSTRUCTION REPORTS 01385 - 2 SECTION 01395 DOCUMENT CLARIFICATION REQUESTS (OCR) PART 1 - GENERAL 1.1 SUMMARY A. section includes: 1. Notification of Construction Manager in the event errors, field conflicts, and omissions are found in the Contract Documents, or clarifications are necessary. 2. utilization of DCR form. B. Related sections: 1. General Conditions Article 2.3 2. General Conditions Article 8.3.2 3. General Conditions Article 12.3 1.2 FORM AND CONTENT OF DOCUMENT CLARIFICATION REPORTS A. All errors, field conflicts, and omissions in the Contract Documents shall be brought to the attention of the Construction Manager immediately. If clarifications are necessary, the request is to be conveyed to the CM. The DCR is a tool established to provide expedient clarifications of contract drawings, specifications or field conflicts. It is not meant to be a substitute for good communication. B. The DCR is not meant for formal notification of extra work. Reference General Conditions paragraph 8.3.2 and 12.3, when formal correspondence is required for formal notification of time extensions, and for cost change notifications. C. The contractor should propose a solution, and enter on the form in sufficient detail necessary for the A/E or CM to confirm the contractor's proposed solution. D. The contractor is also required to mention all other trade work which is affected by the problem, and all trade work which will be affected by the proposed solution. OS/25/93 DOCUMENT CLARIFICATION REQUESTS 01395 - 1 1.3 UTILIZATION OF DCR FORM A. The CM will make available the DCR forms for the contractors use. Attached is a copy of the DCR form and the instruction sheet. ********************* END OF SECTION 01395 OS/25/93 DOCUMENT CLARIFICATION REQUESTS 01395 - 2 DOCUMENT CLARIFICATION REQUEST No. From: To: Morrison- Knudsen/Gerrits Contract No. P. O. Box 5283 Key West, FL 33045 Receipt (305) 292-7845 Logged: Problem By: DwglSpec No./Revision/DetaillSect No. NE Project No. Civil Structural Architectural Security PLB HVAC Electrical Specs . Subject: Problem & suggested solution: I MKiG Review: Solution: Solution tw: I Date: 1 MKiG: I Date: )L K. U 1 OS/25/93 DOCUMENT CLARIFICATION REQUESTS 01395 - 3 DOC\JI4ENT a.uJnCA11ON UQUDT No(~' F_. To, ~ c:.o..U"aa ~o. (~ 'i' P. 0.... 51&.' '-- . Io:ey w.... F\. ))(M~ Rceetp' (f: (105) m,1lW~ ~, r-..... (:2., 0..- ......~... A..( '--' hu \11), r.f ~ "'" !M.r.o..... -- -- PU H~4C EJC"!fal - - ,(0 i "...,. . ..".... ...... ',7 i "I<<>...... '\:>. . -- l1. A,: ~ -..,. ('\5 1"",- !1J.' I!!!& 1/1- Qa,i. I~ :><:r. A. By Contractor: 1. Feca: The OCR wl11 always be froa the pri.e contractor. sw.eontractora to the pr 1.e contractor shall .ubei t OCR's throU9h their pri.. contractor. 2. Proble. ay: Thi. contractor, or repre.entative, repreeentative. can be the subcontrector, or the pri.e the e.tabli.hed pri.. contractor or the established .ubcontractor 3. Contract No.: Thia i. the approved contrect, contract nueber. 4. Dravinq No.: Here in.ert a. .uch infor.ation a. po.aible to de.cribe the location in the contract doc:UJlent. of the particular problem you are a.kinq clarification. Include revi.ion level of draving., and date. Include detail nueber., include .ection nu~er., include epecification section nueber., paragraph location., all a. applicable. 5. civil, Structural, etc.: Here note the particular division of vork the OCR applie. to. 6. Subject: Here insert brief, clear. conci.e captlon subject, vhich is representative ot problem area. 7. Proble.' suggested Solution: Describe in a. .uch detail as nece..ary, the problem to vhich clarification is needed. If additional .pece ia needed, add eXtra sheet. to back, and referencs attachments in this area no. 7. Drav .ketche. if neee..ary. Make photocopy of particular draving detail and attach if neces.ary. B. By Morrison-Knudsen/cerrits: 8. OCR No.: Numbers will be assigned as follovs: xx- Project xxx- Contractor No. XXX Sequential No. For instance, the first OCR fro. the contractor of Contract No. 001 on the Nev Detention Facility, vould be: 10-001-001 As another exa.ple: The seventh consecutive OCR logged on the Nev Detention Facility, was received froa the contractor of Contract No. 005, would be: 10-005-007 9. Receipt Lo9ged: This vill be the date received by the CK troa the eontrsctor, and will serve as ths reterence date. 10. A/E Project No.: The A/E'. project number vill be inserted here, where and vhen applicable. 11. MK/C Review: This will be the signature or initials ot the Construction Manager, upon reviev of the proble., with the date of sign-otto 12. MK/G Reviev: This will be the signature or initials ot the Construction Manager, upon review of the solution. 13. Date: Thi. will be the date ot MK/G reviev and sign- ot!, C. By Archi tect/Eng ineer: 14. Solution: The AlE will here insert the solution to the problem, or answer in some other fashion the clarification being requested. The AlE may herein confirm the contractor's proposed solution. 15. Solution By: The entity providing the solution is to sign here. This may be the Construction Manager when particular clarifications are being requested that can be answe red by the CM. Othero i se. it will be the AI E representative. 16. Date: This w111 be the date c~ sign-ott, or answering the OCR by the AlE. D. Part-By-Part Distribution of 6-part OCR Form: a. When the contractor submlts OCR, he will retain Goldenrod copy. b. When received by the contractor, CM will retain tin1 copy. c. The OCR then is submitted to the AlE, Once answered, the AlE returns to CM, but retains ~ copy. d. CM revievs ansver, and sends ~ copy back to contractor. eM ,...ill retain orlCuna':' ....-nl't.e copy fo~ office fi:es ~nd ~ ~cpy w:l: g= t~ tne JOb-SIte. OS/25/93 01395 4 DOCUMENT CLARIFICATION REQUESTS SECTION 01520 CONSTRUCTION AIDS PART 1 - GENERAL 1.1 SUMMARY A. section includes: 1. Construction aids 2. Temporary enclosures 1.2 REQUIREMENTS OF REGULATORY AGENCIES B. Comply with Federal, State and local codes and regulations. PART 2 - PRODUCTS 2..1 MATERIALS - GENERAL A. Materials may be new or used, suitable for the intended use and shall not violate requirements of applicable codes and standards. 2..2 CONSTRUCTION AIDS A. The Contractor shall be responsible for furnishing, installing, maintaining, and removing on completion of the Work all scaffolds, staging, ladders, stairs, ramps, runways, platforms, railings, chutes, and other such facilities and equipment required by his personnel to insure their safety and facilitate the execution of the Work. 1. The Contractor shall comply with all Federal, State and local codes, laws and regulations governing such construction aids. 2. The Contractor shall relocate such construction aids as required by the progress of construction, by storage or work requirements, and to accommodate the legitimate requirements of the Owner or Construction Manager or other separate contractors employed at the site. 3. The Contractor shall completely remove temporary scaffolds, access, platforms, and other such ~a~erials, f3cilities, 3nd e~Jipsent, at the OS/25/93 CONSTRUCTION AIDS 01520 - 1 completion of the Work or when construction needs can be met by the use of the permanent construction, provided the Construction Manager has approved and authorized such use. The Contractor shall clean up and shall repair any damage caused by the installation or by the use of such temporary construction aids. The Contractor shall restore any permanent facilities used for temporary purposes to their specified condition. The foregoing obligations of the Contractor are in addition to his obligations under Article 10 of the General Conditions. 2..3 TEMPORARY ENCLOSURES A. The Contractor responsible for installing the permanent closure in an opening in an exterior wall shall be responsible for installing, maintaining, and removing, as the Work progresses, a temporary weather-tight enclosure for that opening as necessary to provide acceptable working conditions, to provide weather protection for interior materials, to allow for effective temporary heating, and to prevent entry of unauthorized persons. 1. The Contractor shall install such temporary enclosures as soon as is practical after the opening is constructed or as directed by the Construction Manager. 2. Temporary enclosures shall be removable as necessary for the Work and for handling of materials. 3. Temporary enclosures shall be completely removed when construction needs can be met by the use of the permanent closures. 4. The Contractor responsible for providing, maintaining, and removing the temporary enclosure shall clean and shall repair any damage caused by the installation of such enclosure. 5. The Contractor shall remain responsible for insuring that his work, material, equipment, supplies, tools, machinery, and construction equipment is adequately protected from damage or theft and shall provide, maintain and remove such additional temporary enclosures as may be deemed necessary. The foregoing obligations of the Contractor are in addition to his obligations under Article 10 of the General Conditions. ************************** a;DJr 3ECT:I:O;:=lS2C OS/25/93 CONSTRUCTION AIDS 01520 - 2 SECTION 01580 PROJECT IDENTIFICATION AND SIGNS A project sign is not required for this contract. ******************** END OF SECTION 01580 OS/25/93 PROJECT IDE::TIFICATION .;'",ND SIGNS 01580 - 1 SECTION 01590 FIELD OFFICES AND SHEDS A. The Contractor, if he deems it necessary, may furnish, install, and maintain a temporary field office for his use and the use of his employees during the construction period. B. The Contractor shall furnish, install, and maintain temporary storage and work sheds to adequately protect his work, materials, equipment, supplies, tools, machinery, and construction equipment from damage and theft. C. The Contractor shall arrange his field office and sheds so as not to interfere with the construction. The locations of field offices and sheds shall be coordinated with the Construction Manager. The type, size and location of field offices and sheds is subject to approval by the Construction Manager. D. The Contractor shall arrange and pay for temporary electricity and telephone service for his field office and sheds, if he should require such services. E. The Contractor shall relocate his field office and sheds as directed by the Construction Manager, at no additional cost to the Owner or Construction Manager. F. The Contractor shall completely remove his field office and sheds on completion of the Work or when directed by the Construction Manager. The Contractor shall remove all debris and rubbish and shall place the area in a clean and orderly condition. G. The Construction Manager as soon as reasonably possible will establish a field office on the site and will maintain such an office during the entire construction period. ************** END OF SECTION 01590 OS/25/93 FIELD OFFICES AND SHEDS 01590 - 1 SECTION 01595 CONSTRUCTION CLEANING PART 1 - GENERAL 1..1 SUMMARY A. Section includes: 1. Cleaning during progress of work. 1..2 DISPOSAL REQUIREMENTS A. Conduct cleaning and disposal operations to comply with codes, ordinances, regulations, and anti-pollution laws. 1. Do not burn or bury rubbish and waste materials on Project site. 2. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains. PART 2 - PRODUCTS 2..1 MATERIALS A. Use only those cleaning materials which will not create hazards to health or property and which will not damage surfaces. B. Use only those cleaning materials and methods recommended by manufacturer of the surface material to be cleaned. C. Use cleaning materials only on surfaces recommended by cleaning material manufacturer. D. Sweeping compounds used in cleaning operations shall leave no residue on concrete floor surfaces that may affect installation of finish flooring materials. PART 3 - EXECUTION 3..1 DURING CONSTRUCTION A. Execute cleaning to keep the Work, the Site and adjacent properties free from accumulations of waste ~aterials, rubbish and ~indblc~n debris, resulting f~~~ OS/25/93 CONSTRUCTION CLEANING 01595 - 1 construction operations. B. Provide on-site containers for the collection of waste materials, debris, and rubbish. C. The Owner shall dispose of waste materials, debris and rubbish collected in site trash containers off the site. D. Trash containers shall be provided by Owner and located in trash accumulation areas designated by the Construction Manager. Contractor each day shall collect and deposit in the containers, all rubbish, waste materials, debris, and other trash from his operations, including any trash generated by his employees during lunch periods or coffee breaks. Shipping dunnage is to be removed by the receiving contractor. Paper, boxes and bulk packaging shall be folded or cut into reasonable sizes and shapes as appropriate and confined to prevent loss of trash due to wind relocation. Full trash containers shall be disposed and replaced as necessary to maintain above requirements and/or as directed by Construction Manager. ************ END OF SECTION 01595 OS/25/93 CONSTRUCTION CLEANING 01595 - 2 SECTION 01600 MATERIAL AND EQUIPMENT PART 1 - GENERAL 1..1 SUMMARY A. section includes: 1. Products 2. Transportation and handling 3. storage and protection 4. Security 1. . 2 PRODUCTS A. Products: means new material, machinery, components, equipment, fixtures, and systems forming the Work. Does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. Products may also include existing materials or components required for reuse. B. Do not use materials and equipment removed from existing premises, except as specifically permitted by the Contract Documents. C. Provide interchangeable components of the same manufacturer, for similar components. 1..3 TRANSPORTATION AND HANDLING A. The Contractor shall be responsible for the transportation of all materials and equipment furnished under this contract. Unless other~ise noted, the Contractor shall also be responsible for loading, receiving and off-loading at the site all material and equipment installed under this Contract, whether furnished by the Contractor or the Owner. The Contractor shall be responsible for coordinating the installation within the buildings of equipment that is too large to pass through finished openings. B. Transport and handle products in accordance with manufacturer's instructions. C. Promptly inspect shipments to assc~e ccnply ~ith requirements, quan~i~~~s t~at products are co~rect, and OS/25/93 NATERIAL AND EQUIPHENT 01600 - 1 products are undamaged. D. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage. 1..4 STORAGE AND PROTECTION The Contractor shall be responsible for the proper storage of all materials, supplies, and equipment to be installed under this Contract. Materials stored on site but not adequately protected will not be included in estimates for payment. Except for materials stored within designated and approved storage sheds, vans, or trailers, the Contractor shall not bring onto nor store in any manner at the site any materials and equipment which will not be incorporated into the permanent Work within seven (7) days from the delivery date. The Contractor shall be responsible for arranging and paying for the use of property off the site for storage of materials and equipment as may be required. 1..5 SECURITY A. The Contractor shall be totally responsible for the security of his work, materials, equipment, supplies, tools, machinery, and construction equipment. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used ************* END OF SECTION 01600 OS/25/93 MATERIAL AND EQUIPMENT 01600 - 2 SECTION 01630 POST-BID SUBSTITUTIONS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Post-bid substitutions 1.2 SUBSTITUTIONS A. Base Bid shall be in accordance with the Contract Documents. B. After the end of the bidding period, substitution requests will be considered only in the case of: 1. Product unavailability 2. Other conditions beyond the control of the Contractor. C. Submit a separate request for each substitution. Support each request with the following information: 1. Complete data substantiating compliance of proposed substitution with requirements stated in Contract Documents: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature, identifying: 1) Product description. 2) Reference standards. 3) Performance and test data. c. Samples, as applicable. d. Name and address of similar projects on which product has been used and date of each installation. 2. Itemized comparison of the proposed substitution with product specified, listing significant variations. 3. Data relating to changes in construction schedule. 4. Effects of substitution on separate contracts. 5. List of changes required in other work or products. 6. Accurate cost data comparing proposed substitution with product specified. a. Amount of net change to Contract Sum. 7. Designation of requi~ed license fees or royalties. OS/25/93 POST-BID SUBSTITUTIONS 01630 - 1 8. Designation of availability of maintenance services, sources of replacement materials. D. Substitutions will not be considered for acceptance when: 1. A substitution is indicated or implied on shop drawings or product data submittals without a formal request from Bidder. 2. Acceptance will require substantial revision of Contract Documents. 3. In judgement of Architect the substitution request does not include adequate information necessary for a complete evaluation. 4. Requested directly by a subcontractor or supplier. E. Do not order or install substitute products without written acceptance of Architect/Engineer. F. Architect will determine acceptability of proposed substitutions. G. No verbal or written approvals other than by Change Order will be valid. 1..3 CONTRACTOR'S REPRESENTATION A. In making formal request for substitution the Contractor represents that: 1. The proposed product has been investigated and it has been determined that it is equivalent to or superior in all respects to the product specified. 2. The same warranties or bonds will be provided for the substitute product as for the product specified. 3. Coordination and installation of the accepted substitution into the Work will be accomplished and changes as may be required for the Work to be complete will be accomplished. 4. Claims for additional costs caused by substitution which may subsequently become apparent will be waived by the Contractor. 5. Complete cost data is attached and includes related costs under the Contract, but not: a. Costs under separate contracts. b. Architect's costs for redesign or revision of Contract Documents. 1..4 POST-BID SUBSTITUTION FORM A. The form is attached to this section. OS/25/93 POST-BID SUBSTITUTIONS 01630 - 2 B. Substitutions will be considered only when the attached form is completed and included with the submittal with back-up data. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used OS/25/93 POST-BID SUBSTITUTIONS 01630 - 3 TO: Project Architect We hereby submit for your consideration the following product insteaa of the specified item for the above project: DRAWING NO. DRAWING NAME SPEC. SEC. SPEC. NAME PARAGRAPH SPECIFIED ITEM Proposed Substitution: Attach complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Submit with request necessary samples and substantiating data to prove equal quality and performance to that which is specified. Clearly mark manufacturer's literature to indicate equality in performance. The undersigned certifies that the function, appearance and quality are of equal performance and assumes liability for equal performance, equal design and compatibility with adjacent materials. Submitted By: Signature Title Firm Address Telephone Date signature shall be by person having authority to legally bind his firm to the above terms. Failure to provide legally binding signature will result in retraction of approval. For use by the Architect: ____Recommended ____Recommended as noted For use by the Owner: _Approved ____Not Recommended ____Received too late _Not Approved ____Insufficient data received _Approved as noted By Bv Date Jate ~____<""T""" ~--, -...,....~.....~~.~-~~--~-,...~ Fill in Blanks Below: A. Does the substitution affect dimensions shown on Drawings? Yes No If yes, clearly indicate changes. B. Will the undersigned pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? Yes No If no, fully explain: C. What effect does substitution have on other Contracts or other trades? D. What effect does substitution have on construction schedule? E. Manufacturer's warranties of the proposed and specified items are: Same Different. Explain: F. Reason for Request: G. Itemized comparison of specified item(s) with the proposed substitution; list significant variations: H. This substitution will amount to a credit or extra cost to the Owner of: dollars ($ -) . I. Designation of maintenance services and sources: (Attach additional sheets if required.) **************** E:;O OF OOCl'ME::T 0 1 ': J 0 SECTION 01650 STARTING OF SYSTEMS PART 1 - GENERAL 1..1 SUMMARY A. Section includes: 1. starting systems 2. Demonstration and instructions 3. Testing, adjusting, and balancing B. Related sections: 1. SECTION 01700 - CONTRACT CLOSEOUT 1..2 STARTING SYSTEMS A. Coordinate schedule for start-up of various equipment and systems. B. Notify the Construction Manager seven days prior to start-up of each item. C. Verify that each piece of equipment or system has been checked for proper lubrication, drive rotation, belt tension, control sequence, or other conditions which may cause damage. D. Verify that tests, meter readings, and specified electrical characteristics agree with those required by the equipment or system manufacturer. E. Verify wiring and support components for equipment are complete and tested. F. Execute start-up under supervision of responsible manufacturer's representative in accordance with manufacturer's instructions. G. Execute start-up under supervision of the responsible Contractors' personnel in accordance with manufacturer's instructions. H. When specified in individual Specification Sections, require manufacturer to provide authorized representative to be present at the site to inspect, check and approve equipment or system installation prior to start-up, and to supervise placing equipment or system in operation. I. Submit a certified written report that equipment or system has been properly installed and is functioning correctly. OS/25/93 STARTING OF SYSTEMS 01650 - 1 PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used ************** END OF SECTION 01650 OS/25/93 STARTING OF SYSTEMS 01650 - 2 SECTION 01670 SYSTEMS DEMONSTRATIONS PART 1 - GENERAL 1..1 SUMMARY A. section includes: 1. Procedures for demonstration of equipment operation and instruction of the Owner's personnel. 1..2 QUALITY ASSURANCE A. When specified in individual Sections, provide manufacturer's authorized representative to demonstrate operation of equipment and systems, instruct the Owner's personnel and provide written report that demonstrations and instructions have been completed. B. The Owner will provide list of personnel to receive instructions, and will coordinate their attendance at agreed-upon times. 1..3 SUBMITTALS A. Submit preliminary schedule for the Owner's approval, listing times and date for demonstration of each item of equipment and each system, two weeks prior to proposed dates. B. Provide operating and maintenance ~anuals to owner (4) weeks prior to demonstrations. C. Submit reports within one week after completion of demonstrations, that demonstrations and instructions have been satisfactorily completed. Give time and date of each demonstration, and hours devoted to demonstration, ~ith a list of persons present. PART 2 - PRODUCTS NOT USED OS/25/93 SYSTEMS DEMONSTRATIONS 01670 - 1 PART 3 - EXECUTION 3..1 PREPARATION A. verify equipment has been inspected and put into operation~ testing, adjusting, and balancing has been performed~ and equipment and systems are fully operational. B. Have copies of completed operation and maintenance manuals at hand for use in demonstrations and instructions. 3..2 DEMONSTRATION AND INSTRUCTIONS A. Demonstrate operation and maintenance of equipment and systems to the Owner's personnel two weeks prior to date of final inspection. For equipment requiring seasonal operation, per 'rm instructions for other seasons within six montliS. B. Use operation and maintenance manuals as basis of instruction. Review contents of manual Nith personnel in detail to explain aspects of operation and maintenance. C. Demonstrate start-up, operation, control, adjustment, maintenance, servicing, trouble-shooting and shutdown of each item of equipment at agreed-upon times, at designated location. D. Prepare and insert additional data in operations and maintenance manuals when need for additional data becomes apparent during instructions. 3..3 TIME ALLOCATED FOR INSTRUCTIONS A. The amount of t:me required for instruction on each item of equipment and system is specified in individual sections. ************** END OF SECTION 01670 OS/25/93 SYSTEMS DEMONSTRATIONS 01670 - 2 SECTION 01700 CONTRACT CLOSEOUT PART 1 - GENERAL 1..1 SUMMARY A. section includes: 1. Closeout procedures 2. Adjusting B. Related sections: 1. SECTION 01027 - APPLICATION FOR PAYMENT 2. SECTION 01650 - STARTING OF SYSTEMS 3. SECTION 01730 - OPERATION AND MAINTENANCE DATA 1..2 PROJECT TERMINATION A. The Contract requirements are met when construction activities have successfully produced, in this order, these three terminal activities: 1. Substantial completion 2. Final Completion 3. Final Payment 1..3 SUBSTANTIAL COMPLETION A. Submit to the Construction Manager when the Work is substantially complete: 1. A written notice that the Work, or designated portion thereof, is substantially complete. 2. A list of items to be completed or corrected (Punch List). 3. Request Substantial Completion Observation at a mutually agreeable date. 4. certifications of systems and testing/balancing final reports. 5. Submit evidence of compliance with requirements of governing authorities: a. Certificate of Occupancy b. Certificates of Inspection: 1) Elevators 2) Mechanical systems 3) Electrical systems 4) Kitchen equipment 5) Fire protectio~ system 6) Security sys~e~ OS/25/93 CONTRACT CLOSEOCT 01700 - 1 B. within a reasonable time after receipt of such notice, the Architect, the Construction Manager, the Contractor, and the Owner, will make an observation to determine the status of completion. C. Should the work be determined to not be substantially complete the following will occur: 1. The Construction Manager will promptly notify the Contractor in writing, giving the reasons. 2. The Contractor shall remedy the deficiencies in the Work, and send a second written notice of substantial completion. 3. The Work will be re-observed. D. Hhen the Work is considered substantially complete, the following will occur: 1. The Construction Manager will prepare a certificate of Substantial Completion on AlA Form G704, accompanied by the Contractor's Punch List of items to be completed or corrected, as verified and amended. Contract responsibilities are not altered by inclusion or omission of required Work from the punch list. 2. The certificate will be executed by all parties and distribution made. E. Complete or correct items identified on the punch list and required by the Contract requirements within time limit established by the certificate. 1..4 FINAL COMPLETION A. To attain final completion, the Contractor shall complete activities pertaining to substantial completion, complete Work on punch list items and submit written request to the Construction Manager for final inspection. B. When the Work is complete, the Contractor shall submit written certification that: 1. The Contract Documents have been reviewed. 2. Work has been inspected for compliance with the Contract Documents. 3. Work has been completed In accordance with the Contract Documents. 4. Equipment and systems have been tested in the presence of the Owner's representative and are operational. 5. Work is completed and ready for final observation. C. The Architect, the Cons~ructicn :~ana;er, t~e C=ntractcr OS/25/93 CONTRACT CLOSEOUT ~1700 - 2 and the Owner will make an inspection to verify the status of completion with reasonable promptness after receipt of such certification. D. Should the Work be considered incomplete or defective: 1. The Construction Manager will promptly notify the Contractor in writing, listing the incomplete or defective work. 2. The Contractor shall take immediate steps to remedy the stated deficiencies and send a second written certification to the Construction Manager that the Work is Complete. 3. The Work will be reinspected. E. When the Work is acceptable under the Contract Documents the Contractor shall make closeout submittals. 1..5 THE CONTRACTOR'S CLOSEOUT SUBMITTALS TO THE ARCHITECT A. Project Record Documents: 01720. to requirements of SECTION B. Operating and maintenance data, instructions to the Owner's personnel: to requirements of SECTION 01730. C. Keys and keying schedule: 08710 & 11196. to requirements of SECTION D. Spare parts and maintenance materials: to requirements of individual sections. E. Evidence of payment and release of liens: to requirements of General and Supplementary Conditions. 1..6 FINAL ADJUSTMENT OF ACCOUNTS A. Submit a final statement of accounting to the Architect. B. Statement shall reflect adjustments to the Contract Sum: 1. The original Contract Sum 2. Additions and deductions resulting from: a. Previous Change Orders b. Allowances c. unit Prices d. Deductions for uncorrected Work e. Penalties and bonuses f. Deductions for liquidated damages g. Deductions for re~nspec~lon paY2ents OS/25/93 CONTRACT CLOSEOUT 01700 - 3 h. Other adjustments 3. Total Contract Sum, as adjusted 4. Previous payments 5. Sum remaining due C. The Construction Manager will prepare a final Change Order, reflecting adjustments to the Contract Sum which were not previously made by Change Orders. 1..7 FINAL APPLICATION FOR PAYMENT A. The Contractor shall submit the final Application for Payment in accordance with procedures and requirements stated in the Conditions of the Contract. PART 2 - PRODUCTS Not used PART 3 - EXECUTION Not used ***************** END OF SECTION 01700 OS/25/93 CONTRACT CLOSEOUT =:17CO - SECTION 01710 FINAL CLEANING PART 1 - GENERAL 1..1 SUMMARY A. section includes: 1. Cleaning at completion of Work 1..2 DISPOSAL REQUIREMENTS A. Conduct cleaning and disposal operations to comply with codes, ordinances, regulations, and anti-pollution laws. 1. Do not burn or bury rubbish and waste materials on the Project site. 2. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains. PART 2 - PRODUCTS 2..1 MATERIALS A. Use only those cleaning materials which will not create hazards to health or property and which will not damage surfaces. B. Use only those cleaning materials and methods recommended by manufacturer on the surface material to be cleaned. C. Use cleaning materials only on surfaces recommended by cleaning material manufacturer. PART 3 - EXECUTION 3..1 DUST CONTROL A. Handle materials in a controlled manner with as little handling as possible. 3..2 FINAL CLEANING A. Employ skilled workmen for final cleaning. B. Remove grease, 2astic, adhesives, dust, G:~t, stains, OS/25/93 FINAL CLEANING 01710 - 1 fingerprints, labels, and other foreign materials from sight-exposed interior and exterior surfaces. C. Wash and shine glazing and mirrors. D. Polish glossy surfaces to a clear shine. E. Dust cabinetwork and remove markings. F. Vacuum as needed. G. Broom clean exterior paved surfaces; surfaces of the grounds. rake clean other H. Prior to final completion, or the Owner occupancy, conduct an inspection of sight-exposed interior surfaces, exterior surfaces and work areas, to verify that the entire Work is clean. I. Clean tunnels and closed off spaces of packing boxes, wood frame members and other waste materials used in the Construction. J. Remove temporary labels and stickers from fixtures and equipment. Do not remove permanent name plates, equipment model numbers and ratings. K. Remove from the site all facilities of items installed or used for temporary purposes during construction. L. Restore all adjoining areas to their original or specified condition. **************** END OF SECTION 01710 OS/25/93 FIliAL CLEANING ,J17l0 - 2 SECTION 01720 PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1..1 SUMMARY A. Section includes: 1. Maintain at the job site one copy of: a. Record Contract Drawings b. Record Project Manual c. Coordination drawings d. Addenda e. Reviewed shop drawings f. Change Orders g. Other modifications to the Contract h. Field test records 1..2 GENERAL A. Store documents in cabinets in temporary field office, apart from documents used for construction. B. Maintain documents in clean, dry, legible condition. C. Do not use Project Record Documents for construction purposes. D. Make documents available for inspection by the Construction Manager, the Architect and the Owner. E. Failure to maintain documents up-to-date will be cause for withholding payments. F. Obtain from the Construction Manager (at no charge) two sets of the Contract Documents for Project Record Documents including: 1. Specifications with all addenda. 2. Two complete sets of blackline prints of all Drawings. 1..3 RECORDING A. Label each document "Project Record". B. Keep record documents current. OS/25/93 PROJECT RECORD DOCUMENTS 01720 - 1 C. Do not permanently conceal any work until required information has been recorded. D. Contract Drawings: 1. Required information may, as an option, be entered on a "working set" and then at completion of Project transfer the information to final submitted "Project Record" set. 2. Legibly mark to record actual construction: a. Depths of various elements of foundation in relation to survey data. b. Horizontal and vertical location of underground utilities and appurtenances referenced to permanent surface improvements. c. Location of internal utilities and appurtenances concealed in construction referenced to visible and accessible features of structure. d. Field changes of dimension and detail. e. Changes made by Change Order or Construction Change Directive. f. Details not on original Contract Drawings. E. Specifications and Addenda: 1. Legibly mark up each section to record: a. Manufacturer, trade name, catalog number and supplier of each product and item of equipment actually installed. b. Changes made by Change Order or Construction Change Directive. c. other items not originally specified. F. Conversion of schematic layouts: 1. Arrangement of conduits, circuits, piping, ducts and similar items are in most cases shown schematically on the Drawings. 2. Legibly mark to record actual construction: a. Dimensions accurate to within 1" on the centerline of items shown schematically. b. Identify each item, for example, "cast iron drain" "galvanized water". c. Identify location of each item, for example, "under slab", "in ceiling plenum", "exposed". 3. The Construction Manager may waive requirements of schematic layout conversion, when in his opinion, it serves no beneficial purpose. Do not, however, rely on waivers being issued except specifically issued by the Construction Manger in writing. OS/25/93 PROJECT RECORD DOCUMENTS 01720 - ~ 1. . 4 SUBMITTAL A. At completion of Project, deliver Project Record Documents to the Construction Manager prior to request for final payment. B. Accompany submittal with transmittal letter, in duplicate, containing: 1. Date 2. Project title and Architect's Project number 3. The Contractor's name and address 4. Title and number of each record document 5. certification that each document as submitted is complete and accurate. 6. Signature of the Contractor, or his authorized representative. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used *************** END OF SECTION 01720 OS/25/93 PROJECT RECORD DOCUMENTS 01720 - 3 SECTION 01730 OPERATION AND MAINTENANCE DATA PART 1 - GENERAL 1..1 SUMMARY A. section includes: 1. Format and content of manuals 2. Instruction of the Owner's personnel 3. Schedule of submittals B. Related sections: 1. SECTION 01301 - SUBMITTALS 2. SECTION 01700 - CONTRACT CLOSEOUT 3. Individual Specifications Sections: specific requirements for operation and maintenance data. 1..2 QUALITY ASSURANCE A. Prepare instructions and data by personnel experienced in maintenance and operation of described products. 1. .3 FORMAT A. Prepare data in the form of an instructional manual. B. Binders: commercial quality, 8-1/2" x 11" three-ring binders with hardback, cleanable, plastic covers; 1- 1/2" maximum ring size. When multiple binders are used, correlate data into related consistent groupings. C. Cover: identify each binder with typed or printed title OPERATION AND MAINTENANCE INSTRUCTIONS; list title of the Project and separate building; identify subject matter of contents. D. Arrange content by systems under section numbers and sequence of Table of Contents of these Specifications. E. Provide tabbed fly leaf for each separate product and system, with typed description of product and major component parts of equipment. F. Text: manufacturer's printed data, or typewritten data on 20 pound paper. OS/25/93 OPERATION AND HAINTENANCE DATA 01730 - 1 G. Drawings: provide with reinforced punched binder tab. Bind in with text; fold larger drawings to size of text pages. 1..4 CONTENTS, EACH VOLUME A. Table of Contents: provlde title of the Project; names, addresses, and telephone numbers of the Construction Manager, the Architect, consultants, and the Contractor with name of responsible parties; schedule of products and systems, indexed to content of the volume. B. For each product or system: list names, addresses and telephone numbers of subcontractors and suppliers, including local source of supplies ~nd replacement parts. C. Product data: mark each sheet to clearly identify specific products and component parts, and data applicable to installation. Delete inapplicable information. D. Drawings: supplement product data to illustrate relations of component parts of equipment and systems, to indicate control and flow diagrams. Do not use the Project Record Documents as maintenance drawings. E. Type text: as required to supplement product data. Provide logical sequence of instructions for each procedure, incorporating manufacturer's instructions. F. Warranties and bonds: bind in copy of each. 1..5 MANUAL FOR MATERIALS AND FINISHES A. Building products, applied materials, and finishes: include product data, with catalog number, size, composition, and color and texture designations. Provide information for re-ordering custom manufactured products. B. Instructions for care and maintenance; include manufacturer's recommendations for cleaning agents and methods, precautions against detrimental agents and methods, and recommended schedule for cleaning and maintenance. C. Moisture protection and weather exposed products: include product data listing applicable reference standards, c~e~ical cc~posi~:on, ~~d deta::s of OS/25/93 OPERATION AND HAINTENANCE DATA 01730 - 2 installation. Provide recommendations for inspections, maintenance, and repair. D. Additional requirements; as specified in individual product specification Sections. 1..6 MANUAL FOR EQUIPMENT AND SYSTEMS A. Each item of equipment and each system: include description of unit or system, and component parts. Identify function, normal operating characteristics, and limiting conditions. Include performance curves, with engineering data and tests, and complete nomenclature and commercial number of replaceable parts. B. panelboard circuit directories: provide electrical service characteristics, controls and communications. C. Include color coded wiring diagrams as installed. D. operating procedures: include start-up, break-in, and routine normal operating instructions and sequences. Include regulation, control, stopping, shut-down, and emergency instructions. Include summer, winter, and special operating instructions. E. Maintenance requirements: include routine procedures and guide for trouble-shooting; disassembly, repair, and reassembly instructions; and alignment, adjusting, balancing, and checking instructions. F. Provide servicing and lubrication schedule, and list of lubricants required. G. Include manufacturer's printed operation and maintenance instructions. H. Include sequence of operation by controls manufacturer. I. Provide original manufacturer's parts list, illustrations, assembly drawings, and diagrams required for maintenance. J. Provide control diagrams by controls manufacturer as installed. K. Provide the Contractor1s coordination drawings, with color coded piping diagrams as installed. OS/25/93 OPERATION AND MAINTENANCE DATA 01730 - 3 L. Provide charts of valve tag numbers, with location and function of each valve, keyed to flow and control diagrams. M. Provide list of original manufacturer's spare parts, current prices, and recommended quantities to be maintained in storage. N. Include test and balancing reports. O. Additional requirements: as specified in individual product specification Sections. P. Provide a listing in Table of Contents for design data, with tabbed fly sheet and space for insertion of data. 1..7 INSTRUCTION OF THE OWNER PERSONNEL A. Before final inspection, instruct the Owner's designated personnel in operation, adjustment, and maintenance of products, equipment, and systems, at agreed upon times. B. For equipment requiring seasonal operation, perform instructions for other seasons within six ~onths. C. Use operation and maintenance manuals as basis for instruction. Review contents of manual with personnel in detail to explain all aspects of operation and maintenance. D. Prepare and insert additional data in operation and Maintenance Manual when need for such data becomes apparent during instruction. 1..8 SUBMITTALS A. Submit two copies of preliminary draft or proposed formats and outlines of contents before start of the Work. The Construction Manager and Architect will review draft and return one copy with com~ents. B. For equipment, or component parts of equipment put into service during construction and operated by the Owner, submit documents within ten days after acceptance. C. Submit one copy of completed volumes in final form 15 days prior to final inspection. Copy will be returned after final inspection, with Construction Manager and Architect comments. Revise content of documents prior to final submittal. OS/25/93 OPERATION AND I,IAINTENANCE DATA 01730 - 4 D. Submit two copies of revised volumes of data in final form within ten days after final inspection. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used ************** END OF SECTION 01730 OS/25/93 OPERATION J..ND HAINTENANCE DATA 01730 - 5